Waqf Board Land-Holding Power To Curb: Will It Go To SC And HC Now?

The central government is considering limiting the Waqf Board's powers. A bill to change the Board Act will be introduced in Parliament, proposing around 40 amendments. These changes would prevent the board from claiming and taking possession of land. The proposal is facing strong opposition.

Waqf comes from the Arabic word 'Wakufa,' meaning to stay. It refers to property dedicated to public welfare. In Islam, it is a charitable arrangement where property is donated by followers. This property can be movable or immovable and is managed by the Board.

Any adult Muslim can voluntarily donate property to Waqf, but it is not compulsory. In Islam, another form of charity is called Zakat, which is mandatory for wealthy Muslims. Zakat requires giving 2.5% of annual savings to those in need.

Waqf owns a lot of property intended for charity and maintenance. To manage this, there are various Boards at local and larger levels. Each state has Sunni and Shia Waqfs responsible for overseeing the property and using its income for charitable purposes. This includes helping the poor, maintaining mosques or religious institutions, supporting education, and funding other religious activities.

The central government has created the Central Waqf Council to work with the these Boards. India has 30 Waqf Boards, with their main offices usually located in the state capitals.

In 1954, the Nehru government passed the Waqf Act, which centralized the management of property. This act was responsible for maintaining the property and has been updated several times since then.

The Waqf Board has a survey commissioner who keeps track of the properties. It also includes Muslim legislators, MPs, IAS officers, town planners, advocates, and intellectuals. Administrative officers in the Waqf Tribunal are chosen by the state government, which often aims to include as many Muslims as possible in the Board.

There are some allegations on the Government 

There is an allegation that the government has granted the Waqf Board excessive powers. Waqf properties have been given special status, making them superior to other trusts. The Board can investigate any property to determine if it is Waqf property. If the Board claims a property, proving otherwise can be challenging. Section 85 of the Waqf Act states that the Board's decisions cannot be challenged in the High Court or the Supreme Court.

Recently, BJP leader Harnath Singh claimed that the State Waqf Board in Tamil Nadu had asserted ownership of an entire village in Tiruchirapalli district. A similar issue has arisen in Solapur, Maharashtra. In Uttar Pradesh, the Waqf Board had made large-scale property claims, prompting the Yogi government in 2022 to order an investigation into all Waqf properties. However, the results of that survey have not been made public.

When the Waqf Board controls a graveyard, it often claims the surrounding land as its own. The law states that the board cannot claim private property, but determining if property is private can be challenging. If there are no proper documents for the land, it may be given to the Board, which doesn’t need to provide any evidence to support its claim.

What powers does the board holds?

• The Waqf Management System of India reports that there are over 855,000 the board properties across the country.
• After the army and railways, it is the third largest landowner in India.
• Uttar Pradesh has the highest number of these properties.
• In Uttar Pradesh, the Sunni Board owns 210,239 properties, and the Shia Board owns 15,386 properties.
• Each year, many people donate property to the Board, which continues to grow its holdings.

The Centre proposed to limit the Waqf Board's broad powers. Under this plan, verifying the board's property will be required. Properties suspected of being private, where people have lived for years and claimed ownership, will also undergo this verification.

AIMIM chief Asaduddin Owaisi criticized the proposed amendments, saying the government aims to strip the Board of its independence, which he believes undermines religious freedom. Many Muslim groups also oppose the bill.

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