India: Govt proposes to abolish autonomy, reduce powers of Muslim endowments

There are approximately 870,000 waqf properties across 940,000 acres in India, valued around 1.2 trillion rupees (approximately $14.29 billion)

Muslim Network TV Desk

NEW DELHI, India (MNTV) – The Indian government has introduced a bill in Parliament aimed at overhauling the management and oversight of Waqf properties, which have historically been under the control of Muslim Endowment Authorities, known as Waqf Boards.

The bill, titled the Unified Waqf Management, Empowerment, Efficiency, and Development Bill, seeks to amend the Waqf Act of 1995, sparking a contentious debate over religious and property rights.

After an uproar from the opposition benches, the bill has been referred to a joint parliamentary committee (JPC) for further reading and scrutiny.

The proposed bill, presented on Thursday, aims to remove Section 40 of the existing act, which currently empowers Waqf Boards to determine whether a property can be classified as Waqf property.

This section has been crucial in allowing these boards the autonomy to manage properties dedicated for religious or charitable purposes under Islamic law.

Critics argue that the removal of this section could significantly weaken the protections for such properties, making them more susceptible to mismanagement or encroachment.

The bill proposes several major changes, including the establishment of a centralized portal and database for the registration of Waqf properties and detailed procedures for mutation according to revenue laws.

It also calls for greater representation of non-Muslims and at least two women in the Central Waqf Council and State Waqf Boards, a point of significant contention among Muslim leaders.

One of the most vocal opponents of the bill, Asaduddin Owaisi, a Member of Parliament questioned this proposal, asking if a similar largesse can be extended to Muslims to be members in the management of any Hindu shrine.

He said the bill has potential to discriminate against Muslims by restricting their rights to manage religious property according to their traditions.

Referring to various constitutional provisions, he said the proposed legislation violates the principles of freedom of religion, non-discrimination, and separation of powers.

The bill also introduces new stipulations that could redefine the governance of Waqf properties.

It includes provisions for the representation of various Muslim sects like the Ahmadiyyas (declared non-Muslims in many Muslim countries), Boharas, and Aghakhanis, as well as representatives from backward classes among Muslim communities, in the Waqf Boards and Central Waqf Council.

The bill further restricts endowments from recently converted Muslims. Only a Muslim, who has been a practicing Islam past five years can only endow his or her property for the welfare of the community. Also the decision to endow property can not be done without consulting the legal heirs of the property.

Further the bill stipulates that if any Waqf property is not being used, shall cease to be the property of Waqf Board. This means the the Waqf authorities will not be able to reclaim encroached properties.

“There is a hidden agenda behind this proposed omission. The government will ask where are the document to show that a particular property has been dedicated for a graveyard or a mosque etc,. In the absence government will say usage is not recognised under law, and the government will take this over as government land,” said Owasi.

Waqf properties are a significant aspect of India’s socio-economic landscape, with the boards controlling approximately 870,000 properties across 940,000 acres, making them the third-largest landowner in the country after the armed forces and the Indian Railways.

The estimated value of these properties is around 1.2 trillion rupees (approximately $14.29 billion).

The government argues that the bill is designed to enhance the management, efficiency, and development of Waqf properties, thereby benefiting the communities that rely on them.

However, opponents see this as an overreach by the government into religious affairs and a potential threat to the sanctity and security of Waqf properties.

Here is a pointwise rebuttal of amendments in Waqf Bill, as presented by Asaduddin Owaisi in parliament.