The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on April 2, 2025, has ignited a contentious debate across India’s political and social spectrum. Both the Bharatiya Janata Party (BJP) and the Indian National Congress (INC) issued whips to their Members of Parliament, mandating their presence during the bill’s discussion—a move that underscores the bill’s significance and the polarized opinions surrounding it.
Understanding Waqf and Its Significance
Waqf refers to the permanent dedication of property by a Muslim for religious, charitable, or educational purposes. These properties are managed by Waqf Boards established under the Waqf Act of 1995, ensuring that the assets serve the intended philanthropic objectives. India hosts over 25 Waqf Boards overseeing approximately 850,000 properties and 900,000 acres of land, making them among the country’s largest landowners.
Provisions of the Waqf (Amendment) Bill, 2024
The proposed amendments aim to introduce several significant changes to the existing Waqf management framework:
- Inclusion of Non-Muslim Members: The bill proposes incorporating non-Muslim members into the Central Waqf Council and state Waqf Boards. Proponents argue this inclusion will enhance transparency and accountability. However, critics contend it may dilute the Islamic character of these institutions and infringe upon the community’s autonomy in managing its religious endowments.
- Government Authority Over Disputed Properties: The bill seeks to empower the government to determine ownership in cases of disputed Waqf properties. Supporters believe this measure will expedite conflict resolution and curb corruption. Conversely, detractors fear it could lead to state overreach, potentially dispossessing the Muslim community of its rightful assets.
- Enhanced Representation: The bill includes provisions for the inclusion of Muslim women and non-Muslims in Waqf boards, aiming for broader representation. While this move is seen as progressive by some, others view it as an encroachment on the traditional structures of Waqf management.
Political Dynamics and Party Positions
The introduction of the bill has led to clear divisions among political parties:
- BJP’s Stance: The ruling party asserts that the amendments are designed to reform Waqf management, enhance transparency, and prevent misuse of properties. Minority Affairs Minister Kiren Rijiju emphasized that the bill aims to benefit the Muslim community by ensuring better governance of Waqf assets.
- Congress’s Position: The INC has expressed strong opposition, viewing the bill as an infringement on minority rights and an attempt to control Muslim-endowed properties. Deputy Leader Gaurav Gogoi labeled the bill an “attack on the Constitution,” highlighting concerns over its potential to undermine the secular fabric of the nation.
- Regional Parties: Parties like the Samajwadi Party (SP) and Dravida Munnetra Kazhagam (DMK) have also opposed the bill. SP chief whip Dharmendra Yadav called for all party MPs to be present during the discussion, indicating the bill’s contentious nature. DMK MP Kanimozhi stated that the party would not abandon the minorities of the country, reinforcing their commitment to opposing the bill.
Arguments Against the Bill
Critics of the Waqf (Amendment) Bill, 2024, present several concerns:
- Erosion of Minority Autonomy: The inclusion of non-Muslim members in Waqf Boards is perceived as a direct challenge to the Muslim community’s right to self-governance over its religious endowments. This move is seen as undermining the community’s autonomy and could set a precedent for interference in other religious institutions.
- Potential for State Overreach: Granting the government authority to determine ownership of disputed Waqf properties raises fears of unjust appropriation. There is concern that this power could be misused to dispossess the Muslim community of valuable assets under the guise of dispute resolution.
- Questionable Representation: While the inclusion of Muslim women and non-Muslims aims to promote inclusivity, critics argue that it may disrupt the traditional management structures of Waqf boards and could be used to further political agendas rather than genuinely represent community interests.
- Lack of Comprehensive Consultation: Opposition parties and community leaders have pointed out that the amendments were introduced without adequate consultation with stakeholders, including Waqf Boards and Muslim organizations. This lack of dialogue has fueled suspicions about the government’s intentions and the bill’s potential impact.
Broader Implications
The bill’s introduction comes at a time of heightened sensitivity regarding minority rights in India. The Muslim community, comprising approximately 13% of the population, has expressed concerns over policies perceived as discriminatory. The proposed amendments to the Waqf Act are viewed by many as part of a broader pattern of encroachment on minority rights and institutions.
Conclusion
The Waqf (Amendment) Bill, 2024, has brought to the forefront critical discussions about minority rights, religious autonomy, and the balance of power between the state and religious institutions. While the government asserts that the bill aims to reform and modernize Waqf management, the opposition and various community leaders perceive it as an infringement on the rights of the Muslim community. The bill’s passage could have far-reaching implications, not only for Waqf properties but also for the broader discourse on secularism and minority rights in India.
WHAT DO YOU THINK ?
The Waqf system needs urgent reform, not only to ensure that its properties are used properly but also to prevent land disputes, corruption, and discriminatory land control policies. Any religious institution holding such vast amounts of land must be accountable to the law and transparent in its dealings.
The Waqf Amendment Bill, 2024, while controversial, has ignited an important debate: Should religious institutions have unchecked control over vast public resources, or should they be subject to the same legal scrutiny as any other entity?
What’s your take—should Waqf continue as it is, or do you think it needs more government oversight?
what does mean by waqf board ?
What is a Waqf Board?
A Waqf Board is a legal authority that manages and regulates Waqf properties in a specific region or state. These boards ensure that Waqf properties—land, buildings, mosques, madrasas, graveyards, dargahs, and other religious or charitable assets—are used for the welfare of the Muslim community as intended by the original donors.
Types of Waqf Boards in India
There are two main types of Waqf Boards in India:
- State Waqf Boards (SWB) – Each state has its own Waqf Board to manage Waqf properties within that state. There are 32 State Waqf Boards in India.
- Central Waqf Council (CWC) – A national-level body under the Ministry of Minority Affairs, which oversees all State Waqf Boards and ensures compliance with Waqf laws.
Key Functions of Waqf Boards
- Maintain Records – Keep a database of all Waqf properties.
- Regulate Use of Properties – Ensure they are not misused or sold illegally.
- Lease or Rent Properties – Allow leasing of Waqf properties, but only for legitimate purposes.
- Prevent Encroachments – Take legal action if Waqf land is illegally occupied.
- Manage Funds – Ensure that the income generated from Waqf properties benefits the Muslim community.
- Resolve Disputes – Handle conflicts over ownership or management of Waqf assets.
Why Are Waqf Boards Controversial?
- Allegations of Corruption – Many Waqf Boards have been accused of mismanaging funds, leasing out lands at cheap rates, and favoritism.
- Land Disputes – Waqf Boards have claimed properties, leading to legal conflicts with private individuals and even the government.
- Lack of Transparency – Unlike Hindu temple trusts (which are government-regulated), Waqf Boards operate with minimal external oversight, raising concerns about accountability.
how Waqf Boards function in specific states?
In India, the administration of Waqf properties is primarily managed by State Waqf Boards (SWBs), which are statutory bodies established under the Waqf Act of 1995. Each state has its own Waqf Board responsible for overseeing and ensuring the proper utilization of Waqf assets within its jurisdiction.
Composition of State Waqf Boards:
A typical State Waqf Board is composed of:
- A chairperson.
- Members nominated by the state government, including Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawallis (managers) of Waqfs with an annual income of ₹1 lakh and above.
Key Functions of State Waqf Boards:
- Maintenance of Waqf Property Records: Documenting and updating details of all Waqf properties in the state.
- Regulation and Supervision: Ensuring that Waqf properties are utilized as intended and preventing misuse or illegal transfers.
- Appointment and Oversight of Mutawallis: Appointing and, if necessary, removing mutawallis (custodians) responsible for managing specific Waqf properties.
- Recovery of Encroached Properties: Taking measures to reclaim Waqf properties that have been illegally occupied or lost.
- Financial Management: Overseeing the income generated from Waqf properties to ensure funds are used for the welfare of the Muslim community.
- Dispute Resolution: Addressing conflicts related to Waqf property ownership or management.
Challenges Faced by State Waqf Boards:
Despite their significant roles, many State Waqf Boards encounter issues such as:
- Allegations of Corruption: Instances of mismanagement and unauthorized leasing of properties at undervalued rates.
- Encroachment: Difficulties in reclaiming Waqf properties that have been illegally occupied.
- Lack of Resources: Insufficient manpower and financial resources to effectively manage and protect Waqf assets.
Efforts are ongoing to address these challenges and enhance the efficiency and transparency of Waqf property management across various states.
What is the duty of the waqf board ?
Duties and Responsibilities of the Waqf Board
The Waqf Board is responsible for managing Waqf properties (lands, buildings, mosques, madrasas, dargahs, orphanages, graveyards, etc.) and ensuring they are used for religious, educational, or charitable purposes as per Islamic law.
Key Duties of the Waqf Board
1. Administration and Management of Waqf Properties
- Maintain a record of all Waqf properties in the state.
- Ensure that Waqf assets are not misused, illegally sold, or encroached upon.
- Supervise the mutawallis (caretakers or managers of Waqf properties).
- Take legal action against unauthorized use or encroachments.
2. Financial Oversight and Revenue Collection
- Ensure that income generated from Waqf properties (such as rent, leases, or donations) is used for community welfare.
- Audit financial transactions to prevent corruption and mismanagement.
- Approve or reject lease agreements related to Waqf land.
3. Protection of Waqf Properties from Encroachment
- Identify and take legal steps against encroachments (illegal occupation of Waqf land).
- Work with the government and law enforcement agencies to evict unauthorized occupants.
- Conduct regular surveys to update records and prevent land disputes.
4. Appointment and Supervision of Mutawallis (Custodians)
- Appoint mutawallis (managers) to take care of Waqf properties.
- Investigate complaints against mutawallis and take disciplinary action if necessary.
- Ensure mutawallis are using funds properly and maintaining properties.
5. Resolution of Disputes
- Settle property disputes related to Waqf land, especially conflicts with private individuals or government agencies.
- Handle court cases where Waqf property ownership is challenged.
- Work with the Waqf Tribunal for legal matters related to Waqf properties.
6. Social and Community Welfare Activities
- Use Waqf funds to support education, healthcare, and housing for the poor.
- Provide scholarships and financial assistance to Muslim students.
- Maintain mosques, madrasas, and orphanages for religious and social welfare.
7. Coordination with the Central Waqf Council and Government
- Submit annual reports to the Central Waqf Council (CWC) under the Ministry of Minority Affairs.
- Follow government guidelines for transparency and efficient management.
- Cooperate with state and central authorities on Waqf-related issues.
Challenges Faced by Waqf Boards
- Corruption and Mismanagement – Many boards have been accused of leasing valuable land at throwaway prices for personal gain.
- Lack of Transparency – Records of Waqf properties are often poorly maintained, leading to disputes and fraud.
- Encroachments – Waqf land is often illegally occupied, and boards struggle to reclaim it due to legal hurdles.
- Limited Government Oversight – Unlike Hindu temple trusts (which are regulated by the government), Waqf boards operate independently, making accountability difficult.