The Indian government has proposed a series of amendments to the Waqf Act, 1995, sparking widespread debate and opposition, particularly among members of the Muslim community. The changes, aimed at improving the management and utilization of waqf properties—endowments made for religious or charitable purposes—are seen by some as a necessary reform to tackle corruption and increase revenue. However, critics argue that the amendments could lead to further encroachment and control over these properties.
Waqf properties in India, numbering at least 872,351 and spanning over 940,000 acres, have an estimated value of 1.2 trillion rupees ($14.22 billion; £11.26 billion). Despite their vast potential, the current annual revenue from waqf boards is a mere 2 billion rupees, prompting calls for reform. The Sachar Committee, formed in 2006, highlighted the need for changes due to low revenues and inefficiencies in management.
The proposed bill introduces over 40 amendments to the existing law, including a controversial mandate to include non-Muslims as members of state-level waqf boards. The government asserts that these changes are crucial to address longstanding demands for reform from within the Muslim community. The amendments seek to implement recommendations from the Sachar Committee and aim to root out corruption that has plagued waqf property management for years.
However, the proposal has not been without its detractors. Asaduddin Owaisi, a prominent political figure, voiced concerns about potential misuse of the new rules, stating:
"Many have illegally encroached upon waqfs. This means they will get a chance to claim that the property is theirs,” – Asaduddin Owaisi
The issue of encroachment is significant, with at least 58,889 waqf properties currently encroached upon and more than 13,000 under litigation. Moreover, the status of over 435,000 waqf properties remains unknown, complicating efforts to manage and protect these assets effectively.
Professor Mujibur Rehman criticized the proposed bill, suggesting that while the need for reform is evident, the approach may be flawed. He remarked:
"The diagnosis may be correct,” Prof Rehman says, “but the treatment is not.” – Professor Mujibur Rehman
He also highlighted the complexities involved in managing community properties:
"You can trace personal properties up to a few generations, but tracing community properties is more difficult, as their management keeps changing over time,” – Professor Mujibur Rehman
The historical context of waqf properties adds another layer of complexity. The tradition of waqf in India dates back to the Delhi Sultanate period in the 12th Century, making these properties integral to the cultural and religious fabric of the country.
Justice Sachar Committee's findings underscored frequent encroachments by government authorities, who are supposed to act as custodians of waqf interests. The committee noted:
"Encroachments by the State, who is the custodian of the Wakf interests, is common”, listing hundreds of instances of such “unauthorised occupation” of waqf land by government authorities. – Justice Sachar Committee
Professor Mujibur Rehman raised concerns about broader implications of the amendments:
"There seems to be an attempt not only to get the state’s control over Muslims’ properties, but also of Hindu community over Muslim community’s lives.” – Professor Mujibur Rehman
Despite these concerns, the potential benefits of successful reform could be substantial. The estimated annual revenue potential from efficient use of waqf land is about 120 billion rupees ($1.4 billion; £1.1 billion), a significant increase from current figures.