With both the Lok Sabha and Rajya Sabha approving the Waqf (Amendment) Bill with comfortable majorities, the governance of Waqf properties across India is set to undergo significant changes.

Data from the Ministry of Minority Affairs reveals that out of the 8.8 lakh registered Waqf assets spread across 30 states and Union Territories, over 73,000 are currently under dispute—making them particularly sensitive to the changes introduced in the new law.

What is a Waqf?

A Waqf is a permanent dedication of property by a Muslim individual for religious, charitable, or certain private purposes. While the property can benefit individuals or institutions, ownership is believed to vest in God. These properties can include mosques, graveyards, agricultural lands, and income-generating assets like shops and houses.

The Waqf Assets Management System of India (WAMSI)—a digital database maintained by the Central government—tracks the ownership, type, and status of these assets. This database plays a crucial role in understanding the scale and usage of Waqf properties and is a key tool in their administration.

Waqf Properties Across India

India is home to over 8.8 lakh Waqf properties, with Uttar Pradesh alone accounting for 2.4 lakh—the highest in the country. It is followed by West Bengal (80,480), Punjab (75,511), Tamil Nadu (66,092), and Karnataka (65,242). UP and Bihar are the only states with separate Sunni and Shia Waqf Boards, while the rest have unified boards.

Over 6.2 lakh Waqf properties, or nearly two-thirds of the total, fall under key categories like graveyards (17.3%), agricultural land (16%), mosques (14%), as well as shops and residential buildings.

What Does the Amendment Bill Change?

The new Bill significantly restructures the regulatory framework of Waqf properties. Among the key changes are:

  • Alterations in the composition of State Waqf Boards
  • Shifts in the role of state governments in resolving disputes
  • Greater judicial oversight, allowing disputes to be heard by a tribunal composed of a District Judge and a senior state government officer

The NDA government, facing Opposition resistance, had referred the Bill to a Joint Parliamentary Committee. While the committee accepted 14 amendments suggested by NDA members, all 44 amendments proposed by the Opposition were rejected.

The Dispute Landscape

According to the WAMSI database, over 73,000 Waqf properties are categorised as encroached, under litigation, or alienated—making them subject to ongoing or potential disputes.

  • Encroached properties are those allegedly built on government land or illegally occupied.
  • Litigated properties involve court cases, either externally (between individuals or institutions) or internally (within Waqf boards).
  • Alienated properties refer to assets that have been transferred illegally and are currently challenged in civil courts.

One of the most high-profile examples of a disputed Waqf property was the Babri Masjid in Ayodhya, demolished in 1992. The decades-long legal battle surrounding the site culminated in a landmark Supreme Court verdict in 2019, paving the way for the Ram Temple.

States With the Highest Disputes

Some states bear a disproportionate share of contested Waqf assets:

  • Punjab has the highest percentage of disputed Waqf properties, with 56.5% of its 75,511 assets reportedly encroached.
  • West Bengal follows with 3,742 disputed properties, though they represent a smaller proportion of the state’s total assets.
  • Uttar Pradesh, despite having the largest number of Waqf properties, has relatively fewer disputes—3,044 cases are currently registered.

Other states with significant numbers of disputed properties include Madhya Pradesh and Andhra Pradesh.

The passage of the Waqf (Amendment) Bill marks a major shift in how Waqf properties will be governed in India. While the government maintains that the reforms will bring transparency and efficiency, critics argue that changes to board composition and state involvement could undermine autonomy and invite political interference.

As more than 73,000 disputed Waqf properties await resolution, the effectiveness of these legal and administrative reforms will be closely monitored in the months to come.

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