Waqf System Under The Spotlight: Clarifications And Reform Proposals

Recent reports have clarified that there are no plans to introduce a law aimed at seizing Muslim land, countering some of the claims circulating in public discourse, according to sources. The Waqf Act, initially introduced in 1954, has seen amendments in 1995 and 2013.

There has been significant concern among common Muslims about the lack of recent amendments to the Waqf Board law. The current Waqf system is perceived to be dominated by influential individuals, with ordinary Muslims seemingly underrepresented. Additionally, the system’s revenue, which is under 200 crores annually, is reported to be affected by issues of corruption and mafia involvement.

A notable issue is the absence of oversight of Waqf properties by state and central governments, or the judiciary. Some Muslim judges have suggested that, if allegations of mismanagement are substantiated, appropriate action should be taken since the judiciary does not have jurisdiction over Waqf matters. A proposed committee might be established to review revenue and enhance transparency within the Waqf system. Waqf properties are designated for the benefit of Muslims.

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The 2013 amendment allowed Waqf officials to claim property ownership. Previously, non-practicing Muslims could also claim land, but the new changes are set to restrict the management and claiming of Waqf properties to practicing Muslims only. Furthermore, women will now be included in Waqf and counseling roles, which was not the case before. The ability to appeal Waqf Board decisions to the High Court, which was not previously possible, has also been introduced.

The 9th Joint Parliamentary Committee (JPC) report highlights

The 9th Joint Parliamentary Committee (JPC) report highlights several issues and recommendations regarding Waqf property management. It suggests that state governments should use their statutory powers to address mismanagement within Waqf Boards. The report also advocates for transparent surveying procedures and the computerization of Waqf Boards to establish a central database. Recommendations include empowering the Central Waqf Council, revising approaches to leasing and developing Waqf properties, and improving the documentation of Waqf properties.

A lack of commitment from state governments and Waqf Boards in implementing and monitoring the Waqf Act, 1995, has been noted. Despite surveys conducted after the 1954 Act, updates to revenue records remain incomplete. Concerns about encroachment and incorrect declarations of personal properties as Waqf properties have been raised.

There is a call for a time-bound framework to address these issues with clear accountability. Issues related to the appointment and accountability of Mutawallis have also been noted, with recommendations for mandatory training and criminal background checks. Additionally, the report advocates for developing an audit framework, implementing IT solutions for streamlined registration processes, and integrating Waqf property data with PM Gati Shakti.

The Sachar Committee report

The Sachar Committee report supports some of these concerns and recommends extending the limitation period for recovery from adverse possession, exempting Waqf properties from the Rent Control Act, and including at least two women in Waqf Boards.

It also suggests broadening the composition of these boards, ensuring that the CEO is a high-ranking state government officer, and making financial audits of Waqf properties mandatory. The report proposes extending lease periods and creating legal provisions for interim relief in Waqf Tribunals.

Controversial Waqf Property Claims

Recent developments have brought several controversial Waqf property claims to light. In Tamil Nadu, the Waqf Board reportedly claimed ownership of an entire village, which included a 1500-year-old Hindu temple.

In Haryana’s Yamunanagar district, a land parcel with a Gurdwara was transferred to the Waqf despite no prior Muslim settlement in the area. In Surat, the Municipal Corporation headquarters was declared Waqf property based on a historical claim from the Shah Jahan era.

The Sunni Waqf Board has also claimed ownership of the Taj Mahal, though they lack supporting documentation. Additionally, the Uttar Pradesh Sunni Central Waqf Board claimed that the disputed property of the Gyanvyapi Masjid is Waqf property, a claim contested by temple authorities in court.

These developments highlight ongoing challenges and proposed improvements within the Waqf system, alongside significant disputes over property claims.

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