The Waqf Board is currently under discussion. The Modi government is preparing to bring changes to the 70-year-old Waqf Act once again. The revised bill will soon be presented in Parliament. Through this bill, the Modi government aims to curb the arbitrary actions of the Waqf Board and reduce its powers. There are over 870,000 Waqf properties across the country, covering approximately 940,000 acres of land in total. Just last Friday, the Cabinet approved a proposal for 40 amendments to the Waqf Act. What powers did the UPA government, led by Congress, enhance for the Waqf Board in 2013? What changes took place over time?
Here is the complete timeline...
Initially, the British introduced the Muslim Waqf Act in 1923. The British first presented the Madras Religious and Charitable Trusts Act in 1925, which faced considerable opposition from Muslims and Christians. To exclude Muslim and Christian communities, the act was re-formulated and later renamed the Madras Hindu Religious and Charitable Endowments Act in 1927. After independence, the Waqf Act was first passed by Parliament in 1954. A new Waqf Act was introduced in 1995, granting more powers to the Waqf Boards. The 2013 amendment gave Waqf Boards unlimited powers to seize property, with provisions stating that it couldn't be challenged in any court. In simple terms, the Waqf Boards have unlimited authority to claim properties under the guise of Muslim donations.
This means a religious body was given unlimited powers, precluding litigants from seeking justice through the judiciary. No other religious institution in democratic India possesses such authority. Section 3 of the Waqf Act, 1995, states that if the Waqf believes that a piece of land belongs to a Muslim, it is automatically considered Waqf property. The Waqf does not need to provide any evidence for their claim over the land. Even countries that follow Muslim laws do not possess such unlimited powers for any religious institution. The Waqf Body also did not return any land to Hindus who migrated from Pakistan during the partition. Reports of such misuse of the act have emerged from across the country. The first Waqf Act was enacted in 1954, with subsequent amendments in 1995 and 2013.
Read Also: What is the Waqf Act? Why is Modi Government Bringing Amendments? What are the Arguments Against it?
When Were Amendments Made to the Waqf Law?
The Waqf Act has undergone several amendments to make it more effective and transparent. When the Waqf Board was formed in 1954, Pt. Jawaharlal Nehru was India's Prime Minister. This means the Waqf Act was passed during the Nehru government, leading to its centralization. The lands of Muslims who migrated to Pakistan from India were handed over to the Waqf Boards under the 1954 Waqf Act. The Central Waqf Council was established in 1964. In 1995, the government led by Congress' P.V. Narasimha Rao amended the Waqf Act to compensate for the 1991 Babri Masjid demolition, granting unlimited land acquisition powers to the Waqf Boards. The 1995 amendment provided Waqf Boards with extensive powers, adding new provisions to the act. The amendment also allowed for the formation of Waqf Boards in each state and union territory. In 2013, additional amendments were introduced, granting Waqf Boards unlimited power and complete autonomy. In 2013, the country was again under a Congress-led UPA government, with Dr. Manmohan Singh as the Prime Minister.
Moreover, just before the Lok Sabha elections in March 2014, the then-Congress government gifted 123 prime properties in the national capital, Delhi, to the Delhi Waqf Board. In 2022, an RTI revealed that after coming to power in 2015, Delhi's CM Arvind Kejriwal's AAP government provided over 101 crores of public funds to the Delhi Waqf Board. Alone in 2021, 62.57 crores were given to the board.
What Amendments Were Introduced...
Waqf Act, 1954:
The first Waqf Act in India for managing Muslim religious properties.
Waqf Act, 1995:
A new Waqf Act was introduced, amending the 1954 act to improve property management and reduce corruption. The act granted more powers and responsibilities to the Waqf Boards. State Waqf Boards were established to oversee property management, aiming for a more organized and transparent registration process.
Read Also: Government Reduces Unchecked Powers of Waqf Board; Cannot Claim Any Property as Its Own, Know How the Waqf Board Operates
The Waqf (Amendment) Act, 2013:
This amendment aimed to make the management of Waqf properties more transparent and effective. The registration process was simplified, and the Waqf Boards' powers were enhanced. Furthermore, Geographic Information System (GIS) mapping of properties was mandated for accurate assessment and monitoring. A special court was established to resolve disputes regarding Waqf properties. The government at that time claimed that these amendments would ensure the proper and efficient management of Waqf properties, benefiting the Muslim community and the underprivileged.
What Powers Were Increased for the Waqf Board?
In 2013, the Congress-led UPA government introduced several key amendments to increase the powers and rights of the Waqf Board. Identification and registration of all Waqf properties were made mandatory, with GIS mapping in place to keep accurate records. To ensure the security of Waqf properties, the Waqf Boards were granted additional authority. They were empowered to manage their properties without external interference. A special court for resolving Waqf property disputes was established, intended to expedite and fairly resolve conflicts. The Central Waqf Council was given more responsibilities and powers to play a significant role in property management and oversight. Waqf properties were given a special status above trust properties, regulated through 'auqaf.’ This involves property donated and dedicated by an individual recognized as sacred, religious, or charitable under Muslim law. Section 3(R) of the amended Waqf Act, 1995, states that if any property is deemed sacred, religious, or charitable, it becomes Waqf property.
Read Also: Waqf Board Owns Over 9 Lakh Acres, Doubled in 15 Years, Second Largest After Railways and Defense
Article 40 of the Waqf Act, 1995, states that the ownership of land is determined by the Waqf Board's surveyor and the Board. If your property is deemed Waqf property, you can't directly appeal to the court. You must first appeal to the Waqf Board. If their decision is against you, you can then approach the Waqf Tribunal composed of administrative officers, which can include non-Muslims. Section 85 of the Waqf Act states that the Tribunal's decision cannot be challenged in the High Court or Supreme Court.
What Changes Are Being Planned in the New Amendment?
The NDA government in its third term plans to reduce the unlimited powers of the Waqf Board. The proposed amendments include mandatory verification of Waqf properties, and verification of the claims made by the Waqf Board and individual owners. Reasons for the amendments were cited, referencing the recommendations of the Justice Sachar Committee and the Parliamentary Joint Committee led by K. Rahman Khan. Current laws prevent state and central government intervention in Waqf properties, but the amendments would require Waqf properties to be registered at the district magistrate's office for property valuation and revenue inspection. The new bill would ensure only Muslims can create Waqf properties.
The Board's structure will be revised to include women's participation, with two women in each state Waqf Board and the Central Council. Areas without an existing Waqf Board will also be able to appeal to a tribunal, something not previously possible. The amendment bill is expected to be introduced in Parliament this week. Changes will affect sections 19 and 14 of the Waqf Act, potentially altering the structure of the Central Waqf Council and State Waqf Boards. Appeals against the Waqf Board's decisions will now be permissible in the High Court.
Read Also: Muslim Personal Law Board Declares - Intervention in Waqf is Unacceptable, Naqvi Says - Get Out of 'Touch Me Not' Obsession
How Is the Structure of the Waqf Board in the Country?
The country has one central and 32 state Waqf Boards. The central Waqf Board chair is held by the Union Minority Welfare Minister. Until now, governments have been granting aid to the Waqf Boards. Originally, there were around 52,000 Waqf properties nationwide, expanding to 400,000 acres of 300,000 registered properties by 2009. Today, there are over 872,292 registered Waqf properties spanning 800,000 acres, with the land area doubling in just 13 years. The act's amendments have prompted accusations that the Waqf Board behaves like a land mafia, claiming various properties including private, government, temple, and Gurdwara lands. The unparalleled powers vested in the Waqf Board exceed those in any other country, including Saudi Arabia and Oman. Once property is under Waqf control, it cannot be reverted. Influential Muslims have dominated the Waqf Board, and despite holding the most Waqf property globally, revenue generation remains under 200 crores. The Waqf Board's control is unchallenged, with no intervention from the central or state governments or courts. Beyond Waqf Board controllers, others also oppose this law. The Sachar Committee recommended greater transparency within the Waqf Board, ensuring its properties benefit only the Muslim community.
