Explanation: What is the Waqf Board and why does the Indian government want to limit its powers?

Indian Prime Minister Narendra Modi’s central government plans to amend the Waqf Act to curb the “unlimited” powers of the Waqf Board – the country’s third-largest landowner after the Indian Railways and the armed forces.

On Friday (2 August) last week, the government approved a total of 40 amendments to the bill at a high-level meeting. The changes will be recorded by introducing a bill to parliament in the next few days.

“As per the proposed amendments, all claims filed by the Waqf Board regarding immovable property will be subject to mandatory verification. A mandatory verification process is proposed for properties filed by the Waqf Board,” sources said.

These changes are aimed at reducing the arbitrary powers that waqf boards currently have, allowing them to declare any property as waqf without mandatory verification.

The government is also considering involving district judges in monitoring Waqf properties to prevent misuse of assets. Properties reported by Waqf boards will also have to undergo re-verification to resolve disputes.

These changes may also increase women’s participation in the Central Waqf Board by amending Section 9 and Section 14.

Moreover, revenue generated by Waqf properties, amounting to Rs 200 crore per year ($23.8 million), will also be closely monitored as per the proposed changes.

Waqf is a property given in the name of God for religious and charitable purposes. In legal terms, Section 3 of the Waqf Act defines what is Waqf property.

“Waqf means the permanent dedication by any person of any movable or immovable property for a purpose recognized by Muslim law as pious, religious or charitable,” the document reads.

A property can become a Waqf through a deed or instrument, or a property can be declared a Waqf if it has been used for religious or charitable purposes for a long period of time. The income is generally used to fund educational institutions, cemeteries, mosques, and shelter homes.

It is worth noting that under Sharia law, once a waqf is established and a property is dedicated to the waqf, it remains the property of the waqf in perpetuity.

The Waqf Act, 1954 was enacted by the government of late Prime Minister Jawaharlal Nehru and provided a path towards centralization of Waqfs. The Central Waqf Council of India, a statutory body, was established in 1964 by the Government of India under this Waqf Act, 1954.

Currently, each state has a Waqf Board headed by a chairman, one or two representatives of the state government, Muslim members of parliament, Muslim members of the state Bar Council, and Islamic scholars.

The Boards have the power to manage the property and take action to recover and approve any transfer of property if the Waqf is made by way of gift, sale, mortgage or lease.

Currently, the Waqf Boards control nearly 870,000 immovable properties, 16,173 movable properties and 356,031 estates spread over 8 lakh acres.

The council received over 58,000 complaints, of which over 18,000 went to the tribunals and over 150 to the higher courts and the Supreme Court.

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In September 2022, a huge controversy erupted when the Waqf Board in the southern state of Tamil Nadu declared ownership of the entire Hindu-majority village of Thiruchendurai.

The Waqf Board claimed to own 389 acres of land, which was measured by government-recognized surveyors and registered as Waqf property in 1954.

AIMIM chief Asaduddin Owaisi opposed the proposed changes. Owisi said the government wanted to take away the autonomy of the Waqf Board by interfering in its functions.

“The BJP has been against these Waqf Boards and properties since inception and they have a Hindutva agenda. Now, if you make amendments in the constitution and composition of the Waqf Board, there will be administrative chaos, loss of autonomy of the Waqf Board and if the government’s control over the Waqf Board increases, the independence of the Waqf will be compromised,” the Hyderabad MP said.

Similarly, the All India Muslim Personal Law Board in a statement said that any change or modification in the Waqf Act “will not be tolerated”.

While Owaisi opposes the move, this is not the first time that changes have been made to the Waqf Act. In 2013, the then Indian National Congress (INC)-led UPA government gave broader powers to the Waqf Boards, which have since become a point of contention.

(With agency guidance)