Scandalous Handling

The Waqf Asset Management System of India (WAMSI) portal reveals that the total area of Waqf properties in India exceeds a staggering 37.39 lakh acres. India comprises 28 states and 7 Union Territories, across which 32 Waqf Boards operate. The scale of Waqf assets in India is immense, with a total of 8,72,802 Waqf properties. Additionally, there are 4,02,089 ‘Waqf by users’, but no proper documentation is available for them. Furthermore, only 1,088 Waqf deeds have been registered, and there are 26,676 private Waqf (Waqf alal Aulad) properties.

History of Waqf in India and Present Crisis

The governance of waqf properties in India has evolved through multiple legislative changes, aimed at improving administration and preventing mismanagement. Since the Privy Council ruling in 1894, various laws including the Mussalman Wakf Acts (1913, 1923, 1930), the Wakf Act of 1954, and its subsequent amendments have shaped waqf administration. The Waqf Act, 1995, further strengthened regulatory mechanisms, with a major amendment in 2013 expanding its scope.

Despite having such an illustrious history, Waqf Boards across India are mired in allegations of corruption and mismanagement. Reports suggest that Waqf properties are frequently sold illegally or leased at throwaway prices to private entities while bypassing legal procedures. This rampant corruption has sparked growing unrest within the Muslim community as cases of encroachments, illegal land transactions, and legal disputes continue to rise. However, while the issue is widely recognised, most community members refrain from speaking out due to fear of social backlash and peer pressure.

Rampant Encroachments and Legal Disputes

A significant portion of Waqf properties is under encroachment, leading to numerous legal battles. According to the WAMSI portal, there are currently 58,890 cases of encroachments on Waqf properties. The total number of litigation cases related to Waqf properties stands at 31,999, out of which 16,140 cases are specifically related to encroachments. Among these, 3,165 cases have been filed by Muslim petitioners. Many within the Muslim community believe that the lack of transparency and accountability within Waqf Boards has allowed corrupt officials and vested interests to exploit these assets, depriving the community of its rightful resources.

Fear of Speaking Out and Internal Conflicts

The issue has led to growing internal discord within the community as people have increasingly realised that the mismanagement of Waqf properties primarily harms Muslims. However, open criticism remains scarce due to social pressures. Several social activists, prominent rationalist Muslim personalities, educationists, and thinkers have highlighted a growing yet unspoken consensus on the urgent need for Waqf law reforms. However, they note that many community leaders hesitate to address the issue publicly, fearing backlash from religious and political groups.

Litigation and Complaints Across India

The Ministry of Minority Affairs has received numerous complaints and representations regarding encroachments on Waqf properties across India. The scale of these encroachments has reached an alarming level, often with the direct involvement of Waqf Boards. Several cases across different cities highlight the extent of the crisis:

In Bhopal, a Waqf Complex was illegally constructed on government land, and out of 125 registered graveyards, 101 have mysteriously disappeared. In Hyderabad, 765 notices were issued to encroachers in 2021 alone, while Telangana’s Waqf Board, one of India's richest, owns assets worth Rs 5 lakh crore, yet 75 per cent of its land is encroached upon. In Mumbai, over 60 per cent of Maharashtra’s Waqf land has been illegally occupied, with the Lal Shah Baba Dargah in Parel, originally spanning 72 acres, now surrounded by residential towers built on Waqf land. In Lucknow, the Uttar Pradesh government has reported that 78 per cent of the land claimed by the Waqf Board is actually government-owned, and a 1989 government order that illegally registered uncultivable land as Waqf property has been revoked. In Patna, the Bihar Sunni Waqf Board issued a notice claiming ownership of land in the Hindu-majority village of Govindpur, Fatuha, affecting seven Hindu households.

Waqf Amendment Bill 2024: a Part of Reform Process

The Waqf Amendment Bill 2024 is part of the reform process. Claims that it is unjust to Muslims are misleading, as its sole objective is to ensure better management for the benefit of the community. Muslim intellectuals and legal experts argue that Waqf Boards must undergo a complete overhaul to prevent further misuse of community assets. Some suggest that Waqf properties should be brought under stricter governmental oversight with mechanisms ensuring community participation in decision-making. Legal experts who specialise in Waqf affairs opine that the Waqf Act needs amendments to increase transparency and accountability, as properties meant for community welfare should not become instruments of corruption and personal gain.

Key Features of the Bill

The Waqf Amendment Bill 2024 is being hailed as a solution to the long-standing problems plaguing Waqf properties. The bill aims to address administrative inefficiencies within Waqf Boards. One of the major issues has been the failure to digitise records and upload them on the WAMSI portal. The Amendment mandates that all Waqf properties be registered online within six months, ensuring greater transparency and ease of access.

Government’s Homework and Consultations

The government has conducted extensive consultations with the Muslim community over the past eight years, engaging in nationwide discussions on Waqf-related issues and possible reforms. To ensure transparency, a Joint Committee on Waqf Amendment Bill, 2024, was constituted, which held 36 meetings across India to gather public feedback. Additionally, the committee received lakhs of suggestions from concerned citizens, further reinforcing the need for amendments. Contrary to claims by particular groups that the government is imposing the bill, the reality is that the proposed amendments are a result of widespread consultation. The primary resistance to the bill comes from influential figures within the Muslim community who see it as a financial threat since it will curb the illegal sale and encroachment of Waqf properties.

However, the common Muslim population, especially Muslim women, has welcomed the government's initiative, recognising that the reforms will protect community assets from further exploitation.

Conclusion

The Waqf property crisis represents not just a legal and administrative failure but also a moral dilemma for the Muslim community. Unless bold steps are taken to ensure fair management of these lands, the losses will continue to mount, affecting those who depend on Waqf resources the most. With the Waqf Amendment Bill 2024 offering a structured and transparent solution, the question remains: Will the community support reforms for the greater good, or will internal power struggles continue to hinder progress.

The writer is a senior journalist. Views expressed are personal