Punjab Outlook

The Waqf Amendment Bill has emerged as a significant point of contention in contemporary Indian politics, with profound implications for the Muslim community. The proposed legislation seeks to reform the existing Waqf Act of 1995, which governs the regulation and administration of waqf properties—endowments made by Muslims for religious, educational, and charitable purposes. While proponents argue that the bill introduces much-needed transparency and accountability, critics contend that it undermines the autonomy of Muslim religious institutions and infringes upon constitutional guarantees of religious freedom.
Waqf is a centuries-old Islamic institution that allows Muslims to dedicate property for religious or charitable purposes in perpetuity. In India, waqf properties are estimated to be the third-largest land holding after railways and defense. The Waqf Act of 1995 established a comprehensive framework for the administration of these properties, but concerns about mismanagement, encroachment, and inefficiency have persisted over the years, leading to calls for reform from various quarters.
One of the primary advantages of the proposed bill is its emphasis on increased transparency in the management of waqf properties. By mandating digital record-keeping, regular audits, and public disclosure of financial statements, the bill aims to address longstanding concerns about mismanagement and corruption. This could potentially lead to better utilization of resources for the benefit of the Muslim community and ensure that waqf properties fulfill their intended religious and charitable purposes more effectively.
The bill also proposes an improved mechanism for resolving disputes related to waqf properties, including the establishment of dedicated tribunals. This could expedite the resolution of cases that have remained pending for decades, thereby unlocking the potential of contested properties for community development. Many waqf properties are entangled in legal disputes, rendering them unavailable for their intended purposes, and a more efficient resolution mechanism could help address this issue.
Additionally, the proposed reforms seek to professionalize the management of waqf boards by mandating the inclusion of experts in fields such as law, finance, and urban planning. This could potentially enhance the efficiency of waqf administration and ensure that properties are managed in a manner that maximizes their social and economic benefits for Muslims. The modernization of administrative structures could lead to better maintenance of properties and more effective implementation of development projects.
The bill includes provisions to address the problem of illegal occupation and encroachment on waqf lands, which has resulted in the loss of valuable assets over time. By strengthening the legal framework for protection of waqf properties, the bill could help preserve these assets for their intended religious and charitable purposes. This is particularly important given the historical and cultural significance of many waqf properties and their role in sustaining community institutions.
However, critics argue that the bill represents an encroachment on the autonomy of Muslim religious institutions. By increasing government oversight and intervention in the administration of waqf properties, the bill may undermine the constitutional guarantee of religious freedom enshrined in Articles 25 and 26 of the Indian Constitution. Many Muslims view waqf as an inherently religious institution that should remain under community control, with minimal interference from secular authorities.
The proposed changes to the composition of waqf boards, particularly the inclusion of non-Muslim officials and reduction in the proportion of Muslim members, have raised concerns about diluting the religious character of these institutions. As waqf is intrinsically linked to Islamic principles, many Muslims see this as an attempt to secularize a fundamentally religious institution. There are fears that decisions regarding waqf properties might not adequately reflect Islamic values and priorities if the boards are dominated by individuals without sufficient understanding of Islamic jurisprudence.
The bill’s provisions regarding the definition of waqf properties and the powers granted to survey commissioners have been criticized for potentially allowing arbitrary reclassification of properties. This could lead to legal challenges and disputes over properties that have been traditionally considered waqf, creating uncertainty and instability in the administration of these assets. There are concerns that the expanded powers of survey commissioners might be used to question the status of longstanding waqf properties.
Some critics view the bill as part of a broader pattern of state intervention in minority institutions. They argue that the increased government control over waqf properties