Waqf Board Controversy: Understanding The Waqf Act, Political Dynamics And Proposed Amendments

The Waqf Act of 1995 governs the management of Waqf properties in India. Waqf properties are endowments made for religious, charitable, or pious purposes under Islamic law. These properties are overseen by Waqf Boards, which are established in each state to handle the administration and use of such assets. The boards support various institutions, including mosques, dargahs, schools, hospitals, and other social welfare facilities.

Proposed Amendments to the Waqf Act
There is significant buzz about a potential amendment to the Waqf Act, aimed at enhancing accountability and transparency within Waqf boards. Sources suggest that the government plans to introduce a bill in Parliament that would require Waqf boards to register their properties with district collectors to ensure accurate valuation. This move is intended to address concerns about irregularities and inefficiencies within the boards, which manage properties worth crores and generate an estimated annual revenue of Rs 200 crore.

The proposed amendments also include provisions for mandatory inclusion of women in Waqf boards, reflecting a broader push for gender inclusivity and better governance. This proposal aligns with demands from within the Muslim community for more oversight and equitable representation in the management of Waqf properties.

Government’s Stand
Former Minority Affairs Minister Mukhtar Abbas Naqvi has advocated for these reforms, arguing that the Waqf system must overcome its “touch-me-not” attitude. Naqvi believes that embracing inclusive reforms is essential and criticized what he called a “communal attack on inclusive reforms.” His stance reflects a broader governmental push to modernize and improve the efficiency of Waqf boards.

Opposition to the Reforms
The proposed changes have faced strong opposition from several Muslim organizations and political leaders. The All India Muslim Personal Law Board (AIMPLB) has voiced its objections, claiming that any interference with the legal status and powers of Waqf boards would be unacceptable. AIMPLB spokesperson SQR Ilyas has called for unity among Muslim communities and their organizations to resist the amendments, which they view as a “malicious act” by the government.

Opposition parties and Muslim leaders, including Asaduddin Owaisi of the All India Majlis-E-Ittehadul Muslimeen (AIMIM), argue that the BJP-led NDA government aims to undermine the autonomy of Waqf boards. Owaisi and others accuse the government of pursuing a “Hindutva agenda” that seeks to erode the traditional management of Waqf properties. They claim that any changes to the Waqf Act that alter the nature of these properties or facilitate their usurpation will not be tolerated.

Political Context and Historical Background
Waqf boards hold considerable sway over Muslim voters and are often linked to various political parties. Congress, the Samajwadi Party, AIMIM, and TMC, among others, generally oppose legal reforms related to the Muslim community, echoing the resistance seen during the debate over the Triple Talaq Bill aimed at ending discriminatory practices against women.

Historically, Waqf legislation in India has evolved significantly:

1913: Initial legislative actions on auqaf began.
1923: The UP Muslim Waqf Act, 1923 was introduced during British rule.
1936: The UP Muslim Waqf Act, 1936 was enacted.
1942: The UP Sunni Central Waqf Board was established to oversee Waqf properties in the state.
1960: The UP Muslim Waqf Act, 1936 was replaced by the UP Muslim Waqf Act, 1960.
1995: The Central government enacted the Waqf Act, 1995, later amended in 2013, to standardize Waqf administration across the country.
The Waqf Act and its amendments aim to regulate and streamline the management of Waqf properties, ensuring they serve their intended charitable and religious purposes. The ongoing debate reflects broader tensions between modernization efforts and traditional practices in India’s political and legal landscape.