Waqf debate spans law, politics, freedoms, rights and regulation

The Lok Sabha on Wednesday passed a comprehensive amendment to the Waqf Act, bringing about fundamental changes in the governance, management and legal status of waqf properties in India. The proposed amendments seek to introduce stricter regulations on property dedication to waqf, remove the controversial “waqf by user” provision for future cases, authorise senior government officials to survey and investigate waqf properties, and introduce non-Muslim representation in waqf boards.

- Utkarsh Anand

While the government has justified these changes as necessary to enhance transparency, curb mismanagement and ensure better regulation of waqf properties, the move has sparked intense debate, with many critics and the Opposition parties arguing that it interferes with the religious autonomy of the Muslim community.

The waqf system in India has historically played a crucial role in supporting religious, educational and social welfare institutions. Under the existing law, a waqf is a charitable endowment in which property is donated for religious or philanthropic purposes, with its ownership vested permanently in Allah, and the revenue from it being used for causes such as maintaining mosques, madrasas, orphanages, and other welfare institutions. The 1995 Waqf Act and its 2013 amendment – brought by the then United Progressive Alliance government – built the legal framework governing these properties, establishing state waqf boards responsible for their oversight. However, the Union government has now asserted that widespread mismanagement, fraudulent land claims and legal disputes necessitate a thorough revision of the waqf law to bring clarity and accountability to its administration.

Given the deep historical, religious and legal significance of waqf properties in India, understanding the proposed changes, and the political and social debates surrounding them, is crucial. The bill, originally introduced in Parliament last year, was sent to a 31-member joint parliamentary committee, and the new bill incorporates every recommendation made by JPC.

Waqf properties, which have existed in India for centuries, play an essential role in supporting mosques, madrasas, orphanages, and other social welfare institutions.