The new Wqf Bill is a death knell for the Waqf in India

The waqf properties are scattered all over India. They not only ensure welfare of the weaker sections of the Muslim community, they safeguard its heritage and the constitutional right of social uplift. Thus, the protection of the waqf is safeguarding the fundamental religious rights of Muslims 

By Shujaat Ali Quadri

Waqf, or the properties endowed as charity for the welfare of the poor by Muslims, is the third largest landlord in India, after the Indian Railways and armed forces. Despite such humongous wealth, it, governed through 32 boards all over the country, is a poor institution. The reason is mismanagement and irregularities galore. Now, instead of offsetting its governing woes, the new Bill, promulgated by the central government, has thrown it further under the bus. 

The Bill titled as the New Waqf (Amendment) Bill, 2024, which the NDA government intends to introduce, has, in fact, dealt a severe blow to the aspirations of Muslims for living in India with equal democratic rights.

The Bill seeks to make amendments to the Waqf Act 1995, but, instead of making it effective, it would facilitate the encroachment and occupation of the waqf properties. Further, it will do away the right of Muslims to willingly name their properties as waqf and hand over the decision-making entirely to the government machinery. 

Presently, the Bill is with the Joint Parliamentary Committee (JPC) of the Parliament for its deliberations. The committee is seeking views on the Bill from all sections of Indians and Muslims who are registering their protests against certain clauses of it. The overwhelming response from the community is testament to the gravity of the problems that Muslims feel will arise once the Waqf will lose its autonomy.

The Bill, presented in the Lok Sabha earlier this month, proposed 44 amendments with the stated aim to streamline the registration and management of waqf properties. Key changes include mandating waqf deeds for establishing waqf properties; creating a centralised registration system; and granting district collectors the authority to survey waqf properties. Muslims allege that the amendments were brought in without any consultation with stakeholders. 

No prominent Muslim or Muslim organization can claim that the government has approached them for inputs before preparing the draft of the new Bill. 

If all the powers of the waqf board are handed over to the district collector, no Muslim will willingly give away his or her property. The new Bill would, thereby, inadvertently, prevent the creation of new waqf properties and automatically snatch the right to charity.

The district collector would have the authority to reopen and reassess any waqf property, even those long established, to determine whether they are government properties. The collector’s role in instructing ‘Mutawallis’ and controlling new registrations without approval, is autocratic and breaches the spirit of secularism. Such provisions are absent in the Hindu Endowment Act, where the assistant commissioner manages endowment properties. 

The collector’s involvement in waqf administration is both discriminatory and unconstitutional, as only a civil court has the jurisdiction to determine the title of any property, be it waqf or government-owned. The Bill grants the government the authority to nominate members to the Waqf Board and proposes amendments to the constitution of the Central Waqf Council and Waqf Boards. 

It mandates the inclusion of two non-Muslim members, and allows for a majority of non-Muslim members, which is undemocratic and discriminatory. Similar religious councils under the Hindu Endowment Act do not permit non-Hindu members. Would the government consider appointing Muslim members to Hindu religious endowment boards?

The new Bill is thus a death knell for the Waqf in India.

Why Should Waqf Be Saved?

The waqf is a unique welfare system practiced by Muslims over the centuries. A Muslim dedicates (endows) his property on his own volition to be used for the welfare of the community. In many instances, the entire family property has been given as waqf endowment and that is why we see such a huge volume of waqf assets strewn all over India. 

Till September, 2024, there are 8,72,293 waqf immovable properties across the country, covering 9.4 lakh acres of land. All these assets, despite being not properly managed, assist lakhs of poor Muslim Indians, including children and women . The Waqf runs a number of charitable organizations, orphanages, mosques, cemeteries and shrines. 

A Muslim seeks dil ka sukoon (relief of the heart) by assisting the downtrodden of the society through a permanent use of an asset. Unfortunately, the government seems intent on depriving Muslims from this sense of relief. Individuals who donate property for these purposes believe they will earn spiritual merit during their lifetime and beyond.

The spirit of waqf, rooted in charity and seeking virtue after death, is primarily upheld by Ahle Sunnat Wal Jamaat (Sufi, Barelvi, Dargahi Muslims) and Shia communities. Other Islamic sects in India do not recognise the spiritual merit derived from charity after death. Thus, Waqf properties predominantly belong to Sufi, Barelvi, or Shia communities. Any effort to dismantle the functioning of the waqf will weaken the influence of these groups in the Muslim community.

The waqf properties that are scattered all over India not only ensure welfare of the weaker sections of the Muslim community, they safeguard its heritage and the constitutional right of social uplift. The abiding principle, derived from Sharia law, is: ‘Once a waqf, always a waqf.’ Thus, the protection of the waqf is also safeguarding the fundamental religious rights of Muslims. 

The income generated from the waqf properties is used to support scholarships, pension and assistance to orphaned children, widowed and destitute women. In some places, some health facilities also run for them. 

At shrines, a free kitchen runs almost daily for the poor. Such a service is akin to any government scheme like free ration, widow support programme, etc. The government will stand to gain if it helps improve the functioning of the Waqf and enhance the scope of such welfare programmes. 

A major part of the waqf land is undeveloped, barren and not protected. This has resulted in land grabbing by unauthorised persons. There are also disputes with the government over ownership. 

The waqf boards lack a proper mechanism to remove enchroachers. This is the nationwide malady that is afflicting the waqf and brings a bad name to it. 

Earlier, Joint Parliamentary Committees like the one formed in 1990 had taken into account the condition of waqf properties in each state. Based on this report and the findings of the Parliament Select Committee, a plan for the improvement of waqf functioning was submitted to the government. 

Besides, several amendments were introduced in the Waqf Act in 1995 for the purpose of helping the waqf boards run smoothly. Meanwhile, the Sachar Committee, while suggesting measures for the uplift of the Muslim community, had also recommended developing waqf properties in a way that they serve their welfare purpose to the fullest.

The government must take a leaf out of the Sachar report and respect millions of mails that the current JPC must have received by now, and strive to restore the confidence of Muslims, who are only seeking their right to charity.