Introduction to the Waqf System
- The Waqf system in India manages properties dedicated to religious or charitable purposes.
- It is governed by special laws and managed by Waqf Boards, making it the third-largest landowner in India.
- The system has been marred by issues like mismanagement, legal disputes, and property claims.
- The Waqf (Amendment) Bill, 2024 aims to address some of these challenges.
What is Waqf?
- Waqf involves setting aside property (land and money) for religious or charitable purposes.
- Once property is declared as Waqf, it is irrevocable and cannot be used for anything else.
- A mutawalli (caretaker) manages Waqf properties, with oversight from Waqf Boards.
- The Central Waqf Council (CWC), formed in 1964, supervises the system at the national level.
Historical Context of Waqf in India
- The Waqf system in India began during the Delhi Sultanate with Sultan Muizuddin Sam Ghaor donating land to the Jama Masjid in Multan.
- It expanded under the Mughal Empire, where it played a key role in India’s religious and charitable life.
- During British rule, the Waqf system was challenged, and many properties were invalidated.
- The Mussalman Waqf Validating Act (1913) protected these properties and allowed the Waqf system to continue.
Waqf Act, 1995 and Waqf Tribunal
- The Waqf Act (1995) established a Waqf Tribunal to settle disputes related to Waqf properties.
- Disputes are handled through the Tribunal, not regular civil courts.
- Critics argue that the Tribunal is ineffective and lacks clear guidelines, hindering resolution.
Current Issues Surrounding Waqf: Claims and Controversies
Mismanagement and Overreach in Property Claims:
- Waqf Boards have made controversial claims over national monuments like the Taj Mahal, Qutub Minar, and Red Fort.
- In 2022, the Tamil Nadu Waqf Board claimed ownership of the 389-acre Thiruchendurai village.
- A claim was made on Mukesh Ambani’s Antilia, although it was dismissed by the courts.
Double Standards and Corruption Allegations:
- Allegations of corruption and nepotism within the Waqf system.
- Waqf properties, intended for charitable purposes, have been sold or leased for commercial gain.
- The system faces calls for greater transparency and reform.
Proposed Reforms: The Waqf (Amendment) Bill, 2024
To address these issues, the Waqf (Amendment) Bill, 2024 introduces several key reforms aimed at improving governance and accountability in the system:
Registration and Management
- The Bill mandates that Waqf properties be formally registered with the District Collector’s Office for evaluation.
- Properties linked to government land or disputed titles will not be registered until resolved by the courts.
Enhanced Governance
- The Bill proposes the creation of a full-time Chief Executive Officer (CEO) for Waqf Boards, who will be appointed by the state government.
- There is a requirement for the inclusion of women and non-Muslim members in Waqf Boards to ensure diversity in decision-making.
Disqualification and Penalties
- The amendment introduces disqualification criteria for mutawallis (caretakers) who engage in illegal activities or poor management of properties.
- Stronger penalties, including imprisonment, are prescribed for violations related to the misuse of Waqf properties.
Regular Audits and Financial Transparency
- A system for regular audits has been introduced to ensure Waqf properties are managed transparently and funds are used for their intended religious or charitable purposes.
- Financial reports will be submitted to the Central Government for better oversight.
Appeals and Finality of Decisions
- The Bill removes the finality of the Waqf Tribunal’s decisions, allowing for appeals in certain cases, enhancing legal scrutiny and fairness.
The Legal and Ethical Dilemma of Waqf Property Claims
- The legal challenge is balancing the noble purpose of Waqf (managing properties for religious and charitable goals) with concerns about overreach.
- Aggressive claims over historic landmarks, like the Taj Mahal, raise concerns about public access and heritage preservation.
- Private citizens also face potential disruption due to these claims.
Conclusion
- The Waqf system in India, originally established to support religion and charity, is currently plagued by issues like mismanagement, aggressive property claims, and corruption.
- The Waqf (Amendment) Bill, 2024 is an effort to address these challenges but faces legal and ethical hurdles.
- There is a strong need for a transparent, accountable, and fair system to ensure Waqf properties are used for their intended purposes while tackling existing problems.
