Charity holds great importance in Islam and is considered a source of immense reward. For this reason, Muslims dedicate their lands and properties in the path of God, known as Waqf, which is a religious act aimed at seeking reward and closeness to God. In India, after the military and the railways, the largest land holdings belong to the Waqf Board, with approximately 900,000 acres of land under its control. These lands are dedicated for the purpose of being used for religious activities, religious places, and the welfare of Muslims. To fulfill this religious objective, the institution known as the Waqf Board was established. The Waqf Board is responsible for overseeing, managing, and controlling the properties, lands, and assets donated by Muslims as charity. The “Waqf Act” was formally established in 1954 to manage these assets, which was later replaced by a new “Waqf Act” in 1995. Further amendments were made to this law in 2013 to ensure the protection of Waqf properties.
Understanding the Waqf Act
The following are the key laws related to Waqf in India:
- Waqf Act, 1954:
- This was the initial legislation for the management and administration of Waqf properties in India.
- It provided for the establishment of Central and State Waqf Boards to manage Waqf properties.
- The aim was to utilize the income from Waqf properties for charitable or religious purposes.
- Waqf Act, 1995:
- This act replaced the Waqf Act of 1954 to improve the management and administration of Waqf properties.
- It provided for the establishment of the Central Waqf Council to advise the government on Waqf matters and to monitor the performance of State Waqf Boards.
- It defined Waqf, Waqf properties, and the role of Mutawalli (manager of Waqf properties).
- It mandated the recording, surveying, and periodic inspection of Waqf properties.
- The aim was to prevent misuse and mismanagement of Waqf properties.
- Waqf (Amendment) Act, 2013:
- This amendment made several changes to the Waqf Act of 1995 to further improve the management and administration of Waqf properties.
- It increased the powers of the Central Waqf Council and State Waqf Boards.
- It enhanced the penalties for unauthorized occupation or encroachment of Waqf properties.
- It mandated the publication of lists of Waqf properties and the creation of a central database for better transparency and accountability.
- It made provisions for the recovery of illegally occupied Waqf properties.
These laws collectively aim to ensure the effective management of Waqf properties and their use for their intended charitable or religious purposes, preventing misuse and encroachments. Over time, the properties dedicated by Muslims for religious purposes have increased. These properties have always been a target for the Sangh (RSS) and Hindutva lobby, who have constantly propagated against Waqf properties, falsely claiming that Waqf laws are used to seize non-Muslim lands. Despite numerous cases of illegal occupation of Waqf properties and thousands of cases pending in tribunals, such propaganda persists.
Waqf (Amendment) Act, 2013
Under the “Waqf (Amendment) Act, 2013,” the Waqf Board has the authority to claim its occupied properties, and the burden of proof lies on the party in possession to prove that the property is not Waqf. A special tribunal, exempting the judiciary, hears these disputed cases. This authority of the Waqf Board causes significant distress to the Hindutva lobby, which propagates that the Board claims and seizes anyone’s property as its own. Given that a special tribunal, rather than the judiciary, handles these cases, the Hindutva lobby also alleges that decisions are biased in favor of the Board.
The Survey Commissioner, appointed by the government, identifies and designates Waqf properties. The Survey Commissioner submits recommendations to the government, which then issues a gazette. If there are no objections within a year, the properties are transferred to the Waqf Board.
Proposed Amendments by the Modi Government
The Modi government now seeks to curtail these powers. The RSS and BJP have long aimed to strip the Waqf Board of its powers. Consequently, on August 8, 2024, the Narendra Modi government introduced the “Unified Waqf Management Empowerment Efficiency and Development Act” in the Lok Sabha. The government intended to pass this bill in the Lok Sabha, but it faced strong opposition from the opposition parties. The new amendments propose nearly 40 major changes, the most contentious of which are:
- The new bill allows non-Muslims to become members of the Waqf Board.
- There will be changes in the structure of Central and State Waqf Boards.
- Non-Muslims can become Chairman or CEO of the Board, and the state government can nominate two non-Muslim members.
- Women, including non-Muslims, will be included in the Waqf Board, with at least two women being mandatory.
- The District Collector will have the authority to decide whether a disputed property is Waqf or government land.
- Waqf documents must be created for any property to be dedicated, making it a government process.
- Any government property declared Waqf before or after the enactment of the new law will not be considered Waqf.
Opposition Reactions
The introduction of the bill in the Lok Sabha elicited strong reactions from opposition parties. Asaduddin Owaisi argued that the bill contradicts the principles of Articles 14, 15, and 25 of the Constitution, accusing the government of attempting to seize control of Waqf Boards through amendments. He claimed that the bill prevents Muslims from dedicating their properties in the name of Allah and is discriminatory, illogical, and a severe attack on the basic structure of the Constitution as it violates the principles of judicial independence and separation of powers. Owaisi further stated that Hindu Endowment Boards are recognized through usage and practice, but in the case of Waqf Boards, documentation is being demanded. He emphasized that managing Waqf properties is a mandatory religious act for Muslims, and by not legally recognizing Waqf-ul-Aulad, the government is severely restricting the Muslim method of managing Waqf properties.
Owaisi also pointed out that the bill proposes that tribunals include a retired judge and a retired government employee, questioning how a nominee can be part of the composition. Waqf properties are not public properties. Section 37 of the bill undermines the protection of Waqf properties. He concluded that the bill is divisive and proves that the government is against Muslims.
KC Venugopal of Congress stated that the bill violates the Constitution and religious freedom, accusing the BJP of wanting to divide society. He warned that ancient mosques would come under suspicion, increasing the likelihood of riots.
Kanimozhi, an MP from DMK, stated that the bill contradicts the principles of justice, questioning whether Muslims or Christians would be allowed on Hindu temple boards. She argued that if someone does not follow a particular religion, they should not be given the authority to make decisions related to that religion. She further stated that the bill shatters the golden dream of India envisioned by their ancestors.
Mahibullahi Nadvi of the Samajwadi Party questioned why non-Muslims or Hindus can be included in Muslim Waqf Boards when only Hindus are allowed on the Char Dham Board. Similarly, Sudip Bandopadhyay of TMC and ET Mohammed Basheer of AIUML also described the bill as unconstitutional.
Impact of the Bill
The Modi government aims to use Waqf properties contrary to their intended purpose, which is against the right to religious freedom. The government seeks to change the structure of the Board because currently, decisions regarding Waqf properties require the consent of two-thirds of Waqf Board members. This means that decisions to sell, gift, or lease Waqf properties require the agreement of two-thirds of the Board members. Each state has a Waqf Board, and the state government nominates one or two Muslim members to the Board. Muslim MLAs, MPs, a Muslim member of the State Bar Council, some Islamic scholars, and a Mutawalli are also included in the Board. The Modi government seeks to change the method of appointing Board members. The new law would allow non-Muslims to become Board members, enabling the BJP to include its supporters on the Waqf Board.
Current Status and Future Actions
The government failed to pass the bill in the Lok Sabha due to the lack of support from some allied parties and strong opposition from opposition parties, leading to the bill being sent to the Joint Parliamentary Committee. This gives the Muslim leadership more time to engage with all opposition parties regarding the Waqf Act amendments and attempt to prevent the bill from passing in Parliament. Discussions with leaders like Nitish Kumar and Chandrababu Naidu are also essential since Muslims have significantly voted for them. Blocking the bill in the Rajya Sabha is now possible, provided there is no betrayal from opposition parties. This is a test for secular parties to demonstrate their steadfastness and unity. For the first time since 2014, a bill has been sent to the JPC, indicating that the grip of the constitution on the government’s authoritarianism is tightening.
Conclusion
The Modi government wants to use Waqf properties contrary to their intended religious purpose, violating the right to religious freedom. If the bill becomes law, it will be extremely challenging to protect Waqf
