Legal Tensions Rise Over Waqf (Amendment) Bill, 2024 – Balancing Religious Autonomy, Property Rights & Government Oversight
WAQF (AMENDMENT) BILL 2024- LEGAL IMPLICATIONS
Recent Issue – The Waqf (Amendment) Bill, 2024, recently passed in Lok Sabha and Rajya Sabha has also got assent by our President Draupadi Murmu on April 5 , has ignited extensive debate due to its significant changes to the management of Waqf properties—endowments dedicated to religious or charitable purposes in Islam.
Background
Waqf properties in India encompass approximately 405,000 hectares, valued at around $14.22 billion, supporting various religious and charitable functions within the Muslim community. The Waqf Act of 1995 established the legal framework for administering these properties. However, issues such as mismanagement, illegal occupation, and ownership disputes have persisted, prompting calls for reform.
Key Aspects of the Bill
- Inclusion of Non-Muslims in Waqf Boards: The bill proposes appointing non-Muslim members to Waqf boards to enhance diversity and transparency. Critics argue this could undermine the autonomy of Muslim-managed institutions and infringe upon religious rights.
- Increased Government Oversight: The amendments grant government authorities a more significant role in validating Waqf property ownership. Supporters believe this will curb corruption and ensure proper management, while opponents fear it may lead to the appropriation of Waqf assets.
- Removal of ‘Waqf by User’ Concept: The bill eliminates the recognition of properties as Waqf based solely on long-term use without formal declaration. This aims to prevent unauthorized claims but raises concerns about the status of longstanding Waqf properties lacking formal documentation.
Objectives
- Seeks to amend the Waqf Act, 1995.
- Aims to address challenges in regulating and managing waqf properties.
- Proposes renaming the Act, updating the definition of waqf, and streamlining the registration process.
- Encourages greater use of technology in maintaining waqf records.
- Intends to enhance the efficiency of Waqf Boards.
Complaints Received by the Ministry
- From April 2023, 148 complaints were received, mostly about encroachments and mismanagement.
- From April 2022 to March 2023, 566 complaints were registered on CPGRAMS, including 194 related to illegal transfers and 93 against waqf officials.
Additionally, Members of Parliament have raised issues such as:
- Delay in property registration
- Inheritance rights for widows
- Below-market rent generation
- Unfinished surveys and slow digitization
Pending Cases – There are 40,951 pending cases with waqf tribunals. Of these, 9,942 have been filed by members of the Muslim community against waqf institutions.
Criticisms
- Threat to Religious Autonomy: The inclusion of non-Muslims on Waqf boards is seen by some as a violation of the Muslim community’s right to self-manage its religious endowments.
- Potential for Government Overreach: Enhanced governmental control over Waqf property validation could lead to the misappropriation of assets historically managed by the Muslim community.
- Impact on Existing Waqf Properties: The removal of ‘Waqf by User’ may result in disputes over properties traditionally recognized as Waqf but lacking formal registration.
Benefits
- Enhanced Transparency and Accountability: The reforms aim to improve the management of Waqf properties, ensuring they serve their intended charitable purposes effectively.
- Prevention of Misuse and Illegal Occupation: By addressing unauthorized claims and occupations, the bill seeks to protect Waqf assets and ensure their proper utilization.
- Improved Governance: The inclusion of diverse members and increased oversight are intended to streamline operations and reduce corruption within Waqf institutions.
Illegal Waqf Claims
Instances have been reported where properties were arbitrarily declared as Waqf, leading to disputes:
- Thiruchenthurai Village, Tamil Nadu: The Waqf Board claimed the entire village, affecting the property rights of non-Muslims.
- Historical Monuments: A total of 132 historical monuments were declared Waqf properties without proper documentation.
Legal Implications
The bill’s provisions have several legal ramifications:
- Constitutional Challenges: The inclusion of non-Muslims on Waqf boards may face scrutiny under Article 26 of the Indian Constitution, which guarantees religious denominations the right to manage their affairs.\
- Property Rights Disputes: The removal of ‘Waqf by User’ under Section 3(r)(i) of the Waqf Act, 1995, could lead to legal battles over the status of properties historically used for Waqf purposes but lacking formal registration.
- Government Authority Expansion: Increased governmental oversight may raise concerns about the potential infringement on the autonomy of religious institutions.
Conclusion
The Waqf (Amendment) Bill, 2024, introduces significant reforms aimed at enhancing the management and transparency of Waqf properties in India. While the bill has potential benefits, it also raises concerns regarding religious autonomy, property rights, and governmental overreach. A balanced approach, incorporating stakeholder engagement and robust safeguards, is essential to ensure that the reforms achieve their intended objectives without infringing upon constitutional rights.
SOURCE –
- PIB:Beyond Religion: Understanding Waqf as a Property Management Issue
- PIB:Waqf Amendment Bill, 2025: The History of Waqf in India
- PIB:Beyond Religion: Understanding Waqf as a Property Management Issue-Untangling the legal and administrative realities of Waqf in India
- PIB-Explainer on Waqf Amendment Bill 2024
READ ALSO- RAJYA SABHA PASSES WAQF AMENDMENT BILL AFTER DEBATE
WAQF (AMENDMENT) BILL 2024- LEGAL IMPLICATIONS
FAQ’s- (PIB)
Q1. What does the term ‘Waqf’ signify?
The term ‘Waqf’ denotes the dedication of a property for religious or charitable purposes under Islamic law. Once designated as Waqf, such property becomes inalienable and cannot be sold, gifted, or inherited. The ownership is considered to be transferred to Allah, thereby removing it from the personal domain of the individual (waqif) who made the endowment. The management and administration of such properties are entrusted to a ‘mutawalli’, appointed either by the waqif or a competent authority.
Q2. What is the historical origin of the concept of ‘Waqf’?
The concept of Waqf in India dates back to the early period of the Delhi Sultanate. One of the earliest recorded instances involves Sultan Muizuddin Sam Ghaor, who donated two villages to the Jama Masjid of Multan and appointed a religious authority for its administration. Despite a significant legal challenge in the late 19th century—where British judges termed Waqf as “a perpetuity of the worst and most pernicious kind”—the enactment of the Mussalman Waqf Validating Act of 1913 preserved the institution. Since then, its legal sanctity has remained largely unchallenged.
Q3. What have been the significant legislative developments regarding the administration of Waqf properties in India?
- The Waqf Act, 1954: This Act laid the groundwork for centralized administration of Waqf properties in post-independence India. The Central Waqf Council was established in 1964 to oversee state-level Waqf Boards constituted under Section 9(1).
- The Waqf Act, 1995: This Act provided a comprehensive legal framework for the administration of religious endowments and strengthened the role of State Waqf Boards, Waqf Councils, and Tribunals. It established that Waqf Tribunal decisions are binding and non-appealable in civil courts.
- 2013 Amendments: Reforms were introduced to increase transparency and improve the efficiency of waqf management. However, certain implementation challenges persisted.
- The Waqf Repeal Bill, 2022: Introduced in the Rajya Sabha on December 8, 2023, the Bill seeks to reassess the structure and treatment of Waqf properties for greater parity with other religious institutions.
Q6. What is the extent of property under the control of the Waqf Board in India?
The Waqf Boards oversee approximately 8.7 lakh properties across 9.4 lakh acres nationwide, collectively valued at around ₹1.2 lakh crore. This makes the Waqf Board the third-largest landowner in India after the Indian Armed Forces and Indian Railways.
Q7. How many Waqf Estates are currently registered under the Waqf Board?
As per available records, there are 356,051 registered Waqf Estates under the jurisdiction of various Waqf Boards.
Q8. What is the number of immovable properties registered under the Waqf Board?
The Waqf Boards currently manage 872,328 registered immovable properties across India.
Q9. How many movable properties are registered under the Waqf Board?
A total of 16,713 movable properties are registered with the Waqf Board.
Q11. What are the principal challenges and concerns related to the Waqf Board’s functioning?
Key concerns raised by stakeholders include:
- Lack of diversity in the constitution of Waqf Boards and Central Waqf Council.
- Misuse of authority by mutawallis.
- Inadequate maintenance of property records and financial accounts.
- Weak coordination with local revenue departments.
- Delays in survey and registration of Waqf properties.
- Encroachment and misuse of provisions under the Act, especially Section 40.
- Absence of judicial oversight on Waqf Tribunal decisions.
- Limited revenue generation from Waqf properties.
- The constitutional question of having religion-specific legislation.
Q12. How many complaints regarding Waqf properties have been received by the Ministry?
Between April 2022 and March 2023, the Ministry received 566 complaints via CPGRAMS, of which 194 related to encroachment and illegal transfers, and 93 involved allegations against Waqf Board officials and mutawallis. Additionally, from April 2023 onwards, 148 complaints were registered concerning land encroachment, delayed surveys, and administrative lapses.
Q13. What is the number of pending cases with the Waqf Administration?
As of recent data, 40,951 cases remain pending in Waqf Tribunals. Notably, 9,942 of these were filed by members of the Muslim community against Waqf management institutions. There are concerns about excessive delays and the absence of appellate mechanisms.
Q14. What are the prevalent types of issues and complaints in the existing Waqf system?
Several high-profile disputes highlight the complexity of Waqf property claims:
- Thiruchenthurai Village, Tamil Nadu: A local farmer faced distress when the Waqf Board claimed ownership over his entire village, impacting his ability to sell land.
- Bengaluru Eidgah Ground: Despite no title transfer, the Waqf Board claimed perpetual ownership based on 19th-century records.
- Surat Municipal Corporation Case: The Waqf Board laid claim to the building, asserting historical use during Hajj under Mughal rule, despite lack of updated documentation.
- Bet Dwarka Islands Case: The Gujarat Waqf Board’s claim over two islands led to judicial skepticism and the High Court’s refusal to entertain the petition without revisions.
- Shiv Shakti Society Case, Surat: An individual plot owner found his property unexpectedly categorized under Waqf due to past records, sparking legal confusion.
These cases illustrate the administrative opacity, unclear land titles, and jurisdictional ambiguities affecting common citizens and public institutions alike.
