Written By Darshan M (Grade 12)
The Waqf Board in India was initially established to oversee and safeguard religious endowments, known as “Awqaf,” for the benefit of the Muslim community. These endowments include various properties, including mosques, burial sites, educational institutions, and various charitable organizations. The Waqf Board is entrusted with the crucial responsibility of protecting and managing these assets in the public’s interest.
However, in recent years, the Board has come under significant scrutiny and criticism due to allegations of malpractice and mismanagement, which have negatively affected communities, raised ethical and legal questions, and fostered a growing sense of distrust in its governance. Let us understand the principal allegations, and atrocities carried out by the Waqf Boards in India, and assess the wider socio-political influences of these institutions.
The idea of Waqf has its roots in centuries of Islamic tradition, wherein individuals commit property or assets to serve noble religious or charitable causes. The essence of Waqf institutions lies in their nature; once an asset is claimed as a Waqf, it is permanently removed from the possession of personal ownership or profit. In India, the formal recognition of Waqf was established during British colonial rule, after the enactment of the Waqf Act of 1923, which aimed to regulate Waqf properties under a legal framework.
After India’s independence, the Indian government enacted the Waqf Act of 1954, subsequently revising it in 1995 and again in 2013. These legislative measures were designed to enhance the management of Waqf properties, empower state Waqf Boards, and establish a balanced framework for their administration, ensuring that these assets effectively benefit the community. However, despite these well-intentioned reforms, the Waqf Boards have found themselves in controversies, facing allegations ranging from mismanagement and corruption to severe misconduct that undermines the very purpose of the Waqf system.
The Central Waqf Council of India, a statutory entity established in 1964 by the Government of India under the Waqf Act of 1954, serves as a pivotal authority overseeing the operations of various state Waqf boards, which were instituted under Section 9(1) of the same Act. Notably, the Waqf Act stands as an overarching legal framework with no legislative authority able to keep a check on it. Moreover, in 1995, the then UPA Government further enhanced its provisions, rendering the Act even more beneficial for the Muslim community.
The Waqf Board faces ongoing and serious allegations of widespread corruption, which significantly compromises the integrity of its management practices. Numerous reports have emerged detailing instances of financial misappropriation, with Waqf officials and board members accused of unlawfully diverting funds from properties and leasing land at below-market rates to individuals with political connections.
In various states, it has been alleged that board members have manipulated records to redirect Waqf revenues that were meant to support educational and religious initiatives. This misappropriation has not only deprived the rightful beneficiaries of their due support but has also severely undermined public trust in the Waqf system, raising concerns about its genuine commitment to serving the community’s welfare.
A pressing concern that demands our attention is the unauthorised sale and leasing of Waqf properties. These lands, designated for perpetual preservation, have, in numerous instances, been illegally transferred or leased, often in partnership with private developers and other influential parties. Such abuses of power have sparked widespread public outrage, as they not only violate Waqf laws but also undermine the very essence of these properties, which are intended for religious and charitable purposes. For example, Waqf land in urban centers has reportedly been sold or leased to commercial enterprises, leading to many legal disputes, protests, and serious allegations of misconduct.
The encroachment upon Waqf lands, whether done by private individuals or government entities, is an increasingly pressing concern that the Waqf Board has frequently struggled to address effectively. There have been allegations suggesting that some board officials may have permitted such encroachments in exchange for financial incentives or political favors. Consequently, a significant number of Waqf properties have been lost or unlawfully occupied. Furthermore, the influence of political affiliations within the Waqf Boards makes this issue even more serious, often resulting in decisions that serve the interests of a privileged few rather than the welfare of the entire community.
In December of last year, the Waqf Board submitted a formal application to the Gujarat High Court asserting its claim to ownership of two islands situated in Bet Dwarka, within the Devbhoomi Dwarka. This application was presented before Justice Sangeeta Vishen. In its submission, the Waqf Committee contended that these two islands are rightfully under the jurisdiction of the Waqf Board. However, upon reviewing the claim, the Gujarat High Court expressed suspicion. Subsequently, the court declined to proceed with the hearing of the application.
A significant concern regarding the management of the Waqf Board is its lack of transparency in operations. The board’s financial records, property leases, and decision-making processes are frequently not made available to the public, increasing corruption and misuse of authority. The absence of a higher authority hampers the ability of governmental auditors to evaluate the utilisation of Waqf assets, further deepening the existing mistrust.
While the Waqf Act is designed to safeguard Waqf properties, its efficacy is undermined by legal loopholes and bureaucratic inefficiencies. Numerous cases of unlawful encroachment and mismanagement of Waqf assets suffer in drawn-out legal disputes, offering little in the way of resolution. The intricacies of WAQF law, coupled with a lack of enforcement from governmental authorities, create opportunities for wrongdoers to exploit these gaps, frequently to the detriment of community welfare.
The politicisation of Waqf Boards presents a significant concern. Political influence has resulted in appointments driven more by personal connections than by merit or a genuine commitment to the Waqf’s mission. This culture of nepotism and favouritism has led board members to prioritise the interests of their personal and political allies over their responsibilities to the community. Such influences have not only compromised the integrity of the board but have also brought doubts about its role as a manager of Waqf properties.
The ongoing controversies regarding the management of Waqf have sparked legal disputes, social unrest, and, in certain instances, heightened communal tensions. The persistent allegations of corruption and misconduct have ignited calls for more stringent regulation and oversight, resulting in friction among the board, government, and community. This view of the Waqf Board as a compromised institution erodes its social legitimacy and fuels urgent demands for reform.
The challenges posed by encroachment and the political controversies surrounding Waqf lands have, at times, strained interfaith relations. When WAQF assets are sold or leased to non-Muslim entities, it can provoke a backlash within the community, resulting in heightened religious and political tensions. These occurrences complicate the workings surrounding Waqf issues.
The Waqf Board in India was created to take care of money and property meant to help the Muslim community. However, it has had a lot of problems, like claims of people being dishonest, not doing their jobs well, and getting involved in politics. These issues make it hard for the board to protect the things it is supposed to look after and help the community. To fix this, we need to be open about what’s happening, change some of the rules, and get the community involved again. If these amendments are not possible then scrapping this institution is the next best option.
Featured Image Courtesy – Jagran
