The Narendra Modi government’s decision to send the Bill to amend the Waqf Act to a joint committee of Parliament marks a rare moment of accommodation and responsiveness to public concern. This is particularly noteworthy, given the government’s tendency to dismiss similar demands, as seen during the enactment of the controversial agricultural laws and the Bharatiya Nyay Sanhita. The move to amend the Waqf Act is not just another legislative exercise; it directly impacts the management of Waqf properties across India, an issue that has long been a source of significant resentment within and without the Muslim community.
The Waqf Boards, tasked with managing these properties, have been at the centre of this discontent. With over eight lakh properties covering about eight lakh acres of land, valued at nearly Rs 2 lakh crore, the functioning of these boards has been fraught with inefficiencies, corruption, and legal disputes. Waqf, an Islamic endowment of property intended for charitable or religious purposes, has often been misused. Instead of serving its intended purpose, the declaration of land as Waqf has sometimes been a strategy to exclude rightful inheritors, leading to complex and often irresolvable legal battles. The discretionary power of Waqf Boards to declare any land as Waqf has been a significant point of contention. Both Sunni and Shia communities, despite having separate boards, have expressed dissatisfaction with the functioning of these bodies. Nonetheless, they have every reason to scrutinise the Modi government’s motives behind amending the Act, especially in the context of upcoming elections in states like Jammu & Kashmir, Haryana, Maharashtra, and Jharkhand. The timing of these amendments, coupled with the government’s push for a Secular Civil Code, has raised concerns about whether these reforms are genuinely intended to improve governance or are politically motivated.
Muslim organisations also have a legitimate concern regarding the inclusion of non-Muslims in Waqf Boards. This inclusion seems inconsistent, given that non-Hindus are not allowed to manage temples like Tirupati. Additionally, the proposed extraordinary powers to be granted to District Collectors could potentially reduce the Waqf Boards to mere extensions of government control, further eroding their autonomy. As the joint parliamentary committee reviews the proposed amendments, it is imperative that the voices of all stakeholders are heard and considered. The committee must ensure that the reforms are not seen as an attempt to create discord within the Muslim community but rather as a genuine effort to address long-standing issues within the Waqf system.