Mohammad Alamullah | Clarion India
NEW DELHI — The Central Government has initiated steps to amend the Waqf Act, stirring significant political debate. Reports indicate that the Narendra Modi government has approved a bill aimed at curtailing the Waqf Board’s powers to declare properties as Waqf. This move has raised concerns among various political and religious groups.
The Waqf Act was first enacted in Parliament in 1954 but was subsequently repealed. It was reintroduced in 1995 under the Congress government led by PV Narasimha Rao, granting the Waqf Board extensive powers to acquire land. Further amendments in 2013 under the UPA government provided additional autonomy and authority to the Waqf Board.
A Waqf Board is a state-level statutory body established to manage and oversee properties donated for religious or charitable purposes under Islamic law. The term “waqf” means ‘in the name of Allah’, referring to lands not owned by individuals or institutions but held in trust for the Muslim community. These include mosques, madrasas, cemeteries, Eidgahs, and tombs. India has 30 Waqf Boards, typically headquartered in state capitals, and they are divided into Sunni Waqf Boards and Shia Waqf Boards.
Functions and Responsibilities
According to the Central Waqf Council’s website, the Waqf Board advises the central and state governments on the administration of waqf properties. Its responsibilities include:
• Property Management: Administering waqf properties, recovering lost properties, and approving transfers with at least two-thirds board approval.
• Legal Oversight: Providing legal advice on the protection and recovery of waqf properties and removal of encroachments.
• Income Management: Ensuring that income from waqf properties is used according to Islamic principles and the donor’s wishes.
• Religious and Social Support: Supporting mosques, graveyards, dargahs, schools, hospitals, and other social welfare institutions.
• Educational and Welfare Programmes: Implementing schemes for skill development and empowerment of the poor, particularly women.
Expansion of Powers
The Waqf Act of 1995 replaced the original 1954 Act, significantly expanding the powers of the Waqf Boards. The 2013 amendments under the UPA government further increased their autonomy, allowing for more robust administration and protection of waqf properties.
Current Debate and Proposed Amendments
The Modi government’s proposed amendments have sparked controversy. Around forty changes to the Waqf Act were reportedly approved in a recent Cabinet meeting, and the bill may soon be presented in Parliament. Among other changes, these amendments aim to revoke the Waqf Board’s authority to designate properties as waqf.
Political Reactions
Opposition leaders have criticised the proposed amendments. CPI General Secretary D. Raja accused the BJP of trying to seize Waqf Board properties, alleging that the BJP and the RSS are manipulating the Constitution to advance their agenda. He expressed concerns about the lack of public debate on the amendments and their potential impact on the secular and democratic fabric of the country.
Congress leader and former Waqf Minister Muhammad Arif Naseem Khan accused the government of planning to distribute Waqf Board properties among their associates. He warned that the proposed bill could undermine the legal protections established for waqf properties.
Calls for Reform
There are growing calls to amend the Waqf Act to increase transparency and gender diversity within the boards. Some political leaders, including BJP leader Ajay Alok, argue that the boards need improvement, while others, like AIMIM leader Asaduddin Owaisi, view the amendments as part of a larger “Hindutva agenda” to dismantle them.
Additional Information
• Corporate Structure: Waqf Boards are corporate bodies with perpetual succession and a common seal. They can acquire and hold property.
• Central Waqf Council: Established in 1964, the Central Waqf Council advises the central government on Waqf Board matters.
Waqf Boards are powerful entities managing significant property holdings, with the responsibility of supporting Muslim religious and social life. Their broad powers and recent expansions have sparked debate and calls for reform. The proposed amendments by the Modi government are the latest developments in this ongoing discussion, with significant implications for the management and administration of waqf properties in India.
