The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, is a landmark reform aimed at overhauling the management of Waqf properties in India. The original Waqf Act, 1995, was enacted to regulate endowments of movable and immovable property made for charitable, pious, or religious purposes under Muslim law. While the act was well-intentioned, the growing concerns over transparency, accountability, and fair governance have made it essential to introduce changes that reflect India’s secular fabric and democratic principles.
The Imbalance of Power: Addressing Minority Status and Resource OwnershipOne of the central points that need to be questioned is how a community enjoying minority status can hold the third-largest property holdings in the country. Historically, Waqf properties have been a significant resource, but in a country where the majority of resources should benefit all citizens, the disproportionate ownership raises concerns.The key issue is not about religious endowments but about the vast scale of resources controlled by a religious-based board that enjoys minority protection. While Waqf properties were established for noble purposes, the concentration of these assets in a secular country can lead to governance challenges. This Bill rightly seeks to redefine and regulate how Waqf properties are managed by empowering government bodies to ensure these properties are used effectively, for the greater good, and in line with constitutional values.
Why Should Religion-Based Boards Have Superpowers in a Secular Country? India’s secularism is rooted in equal treatment of all religions under the law. However, the existence of religion-based boards like the Waqf Board, with considerable unchecked power over property and decision-making, raises questions about equality. How can such a board wield authority in ways that may contradict secular governance? The Amendment Bill seeks to address this imbalance by reducing the power of the Waqf Board in certain key areas, transferring responsibilities to government officials like Collectors, ensuring that Waqf properties are managed in the public interest, and are free from undue religious or sectarian influence.The Bill also challenges the long-standing practice of waqf by user, which allowed properties to be declared Waqf simply through continuous religious usage. The elimination of this provision is a welcome change, as it prevents potential misuse of government or private land being claimed as Waqf property without proper ownership documentation.
Introducing Fair Representation: Inclusion of Non-Muslims in the Waqf ManagementA significant reform proposed by the Amendment is the inclusion of non-Muslims in the Waqf Boards and Central Waqf Council. This move underscores the idea of inclusivity and transparency in a multi-religious and secular nation like India. By ensuring representation from different communities and non-Muslim members, the Bill attempts to break the monopoly of decision-making held by a single religious group over Waqf matters. Additionally, the stipulation that two members of the Waqf Board must be women ensures gender balance and gives voice to marginalized sections within the community. This representation is necessary in a country striving toward gender equality and fair representation in governance.
Government Control and Accountability: A Necessary InterventionThe Bill also wisely transfers powers from the Waqf Board to state Collectors in determining whether a property is Waqf or government-owned. This shift from religious authorities to state-appointed officials ensures a more neutral, unbiased approach in managing disputes over property ownership. Such a move strengthens the checks and balances in place, curbing the potential for mismanagement or abuse of religious authority.
Furthermore, the Bill empowers the Central Government to audit the accounts of Waqf properties, which ensures that Waqf assets are used for the purposes they were originally intended and not diverted for private or non-charitable uses. In a democracy, transparency is key to ensuring that public trust in charitable institutions remains intact.
Upholding the Secular Values of India: India’s secularism hinges on the balance between respecting religious practices and maintaining equality for all under the law. The Waqf (Amendment) Bill, 2024, seeks to uphold these principles by limiting the undue power of religion-based institutions over public and private property while also ensuring that Waqf properties serve their intended purpose without becoming instruments of power or profit.The Amendment rightfully questions the logic of allowing religious bodies to wield unchecked power in a country committed to secular governance. By involving government officials and reducing the influence of sectarian interests, the Bill aligns Waqf property management with broader national goals of accountability, transparency, and fairness.
The Waqf (Amendment) Bill, 2024 represents a much-needed step toward ensuring transparency and accountability in the management of Waqf properties. By challenging the concentration of resources in the hands of minority religious bodies, including non-Muslim members in decision-making, and empowering state officials to intervene where necessary, the Bill respects the secular values that underpin Indian democracy. These amendments are necessary to prevent the potential misuse of religious property and ensure that Waqf endowments serve their original charitable purposes for the good of all citizens, in line with the vision of an inclusive and equitable society.
