Introduction: The Waqf Board – A Subnational entity?

The Waqf Board is the third largest private land owner in the country, which owing to neither the state nor the judiciary has faced any major challenge. It has the right to declare land as Waqf, thus assuming within its own the capacity of causing dispossession of people over their lands. This ‘state within state’ is also free of any quite relevant supervision and can declare in the name of Allah any vacant land. Oh except you know, the Indian state, about which more in a minute. While a concern over Waqf properties is dominant in every country, recently this has been brought to the attention of the ruling skinheads. This time the ruling party government of Modi has gone a step further proposing amendments to the Waqf Act for overseen malpractices of the Waqf Board, Still Many Lords are as steeped in a heroic vision of the past, even advancement.

Waqf Amendment Bill, 2024: 

An Overview 

On 8th August 2024, during the first session of the 18th Lok-Sabha, Kiran Rijiju the Minister of Minority Affairs of the BJP presented a Waqf Amendment Bill 2024. This bill followed promptly by referring to the comparatively younger joint parliamentary committee at its first meeting on 20th August. If adopted, this bill would have far reaching amendments to the Waqf Act of 1995 among them a change of name to the UMEED ‘United Waqf Management Employment Efficiency and Development Act’. The Convener’s Decision was managed by some legal considerations Action on the orientation’s name seemed to take a position and remain in a finished decision making postponement. But does this addition make a meaningful change to the current situation? How is it possible to define the Waqf and the Waqf Board? Why it's controversial?

Grasping the Waqf Concept: 

Historical Background and Objectives 

As A Waqf, Individuals need to understand what Waqf is before moving on the further issues. In Islam, this is known as the institution of Waqf, through which people are able to dedicate property ownership to Allah. As soon as this property is put under Waqf, it is no more allowed for personal use; this property is to be used only for the good, additionally, a Mutawalli (manager) is put in charge of the waqf property but is not allowed to change the use or sell the property.

Waqf has been in existence for more than a thousand years, and its most notable example being the Waqf in Damascus in the1390s with public grants, Waqf funds features an item replacing broken porcelain dishes in a hotel. What were the reasons behind the creation of Waqf was to ensure that such kind of Waqf is unrestrained by present conditions; however, the present situation is almost the opposite, starkly so. Problems Confronting the Waqf Board In spite of being the third most landholder in the country, the Waqf Board is in dire straits with regards to finances. The Sachar Committee Report of 2006, for example, Waqf properties, if well utilized, could earn about twelve thousand crores income in a year. However, the income in question in the report was only ₹163 crores; this is quite a disappointment and a real failure.

Corruption is one of the key reasons that is responsible for this inefficiency. There are incidents where Waqf managers takeover the properties as their own leasing at low price or using it for their personal purposes. Many of the skyscrapers in the centre were built on leased lands for laughable amounts some of which bordered on being a bribe. Encroachment is another issue aggravated by private entities as well as governmental agencies occupying Waqf area. Sufficient properties in prime metropolitan areas are frequently usurped or rented at vintage prices, diminishing the Board’s revenue to a large extent. Waqf Amendment Bill: An Analysis of Merits and Demerits The Modi government believes that the Waqf Amendment Bill will help solve matters such as corruption, inefficiency and encroachment. What has been seen positively in this regard is the fact that two Muslim women have been made focus of attention in the Central Waqf Council as was set out in the Sachar Committee round table.

However, hatred of government, and mistrust of its goodwill persists. For instance, the amendment seeks to exclude Section 40 of the Waqf Act, which gives powers to the Waqf Board to make inquiries on title to properties. These critics say that this removal will pave way for an even more unrestrained land grabbing, as it happened in 2022 in Tamil Nadu, where the waqf board moved in to claim an entire village without the dwellers being aware. One more controversial aspect is that instead of the Survey Commissioner having these powers, they would now empower the District Collector, who can now adjudicate whether a parcel is the property of Waqf. It is valid that most land cases have the government as the intruder, the government collector would be presumed not to rule against the government. Digital Registration and Predicaments The bill also makes it obligatory for Waqf properties to be registered not later than six months after the passing of the bill. Failure to comply within these time limits would mean that the properties in question would cease to have the Waqf attributes and no cases to the competent jurisdiction could also be brought forward. This would probably cut off any chances of judicial intervention, especially given the fact that in the rural areas as well as some urban areas, registration is usually rather sluggish.

Many suspect that this stipulation aims and opportunities to that end are offered and thus seek to make them vulnerable and susceptible to land policy removals. The Politics of Politics Finally, the Waqf Board thus lacks modernization and monetization of its assets and hence erosion of the official political active vacuum political, space. Wealth which would as well have been generated up to $ 12,000 cores, has gone un-tapped. Some see BJP’s tilt towards Waqf issues as a low-hanging fruit to play politics as opposed to addressing the problems besetting the Waqf Board.

Conclusion:

A Way Forward? 

While the Waqf Board clearly needs reform, the Waqf Amendment Bill raises questions about government overreach and hidden agendas. The Sachar Committee offered a roadmap for improving the Waqf Board, including the appointment of full-time judicial officers to the Waqf tribunal and aggressive action against encroachment. However, the current bill selectively uses Sachar’s recommendations, leaving out many critical solutions. As the debate continues, the question remains: Will this bill bring much-needed reform, or is it a “masterstroke” for political gain? Only time will tell, but what is clear is that the Waqf Board must modernize and efficiently manage its vast resources for the benefit of the Muslim community.

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