Interaction with Mr Justice Ashok K Srivastava aroused my curiosity to know more about waqf; I surfed the internet.
Permanently dedicating property in the name of God for religious or charitable purposes is what it is. Waqf means a thing to stop or stand still; long ago it was spelt as vakouf. The two oldest known waqfiya (deed) documents are from the 9th century.
There is no personal choice or discretion over waqf or the waqif (the one establishing the waqf).
- According to the data on the Waqf Management System of India, there are around 3.5 lakh waqf estates and 8.7 lakh immovable properties. Of these, the waqf board has 330000 digitized records (PIB).
Currently, there are 872,292 registered Waqf Board properties in India spread across 8 lakh acres, another source of information reads.
As per the report of Sachar Committee (2006), there are about 500,000 registered Wakfs with 600,000 acres (2,400 km2) of land in India and a Rs. 60 billion book value.
Justice Shashvat Kumar’s (committee) report of 2011 opines that waqf properties constitute a land bank worth Rs. 1.2 lakh crore that could have generated annual returns of Rs. 12,000 crores but yielded only Rs. 163 crores. It observed that there was “a severe shortage of senior government officers who are Muslim to manage waqf affairs”.
- The Waqf Boards in the Indian subcontinent were formed in 1913 during the British rule.
The Mussalman Waqf Act of 1923 was the first legislation to regulate waqfs. It changes terms from “Wakf” to “waqf” and “Wakfs” to “Auqaf”. It describes the duties of mutawalli, who is responsible for managing the waqf properties. The Act mandates the establishment of State Waqf Boards in every state.
The formal establishment of Waqf Boards in India took place with the enactment of the Wakf Act of 1954, which was later replaced by the Wakf Act of 1995 to streamline and improve the administration of waqf properties.
The Central Waqf Council (CWC) is a statutory body established in 1964 by the Government of India under the Waqf Act of 1954. It functions under the control of the Ministry of Minority Affairs; and primarily functions as an advisory body to the central government, state governments, and Waqf Boards.
The Waqf Board is a legal entity that can sue or be sued in a court of law.
Presently there are thirty Waqf Boards across the country in twenty-eight states and Union territories. Arunachal Pradesh, Mizoram, Nagaland, Sikkim and the Union Territory Daman and Diu have no Waqf Board at present.
The Waqf Act 1995 does not apply to Jammu and Kashmir.
- To repeal the Mussalman Wakf Act, of 1923 and amend the Waqf Act of 1995, the Waqf (Amendment) Bill, of 2024 was introduced in the Indian Lok Sabha on 8 August 2024. The Bill renames the Act to the ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’ (UWMEEDA 1995).
- It encourages the use of technology for better record-keeping and management of waqf properties.
- The objective is to ensure the representation of Muslim women and non-Muslims; providing for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities.
- Streamlining the manner of registration of waqfs through a central portal and database is also the motive. The proposed legislation apprehends the procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property.
- The Bill aims at introducing changes to the composition of Waqf Boards to ensure greater diversity. Also for enhancing accountability and transparency in the administration of waqf Properties.
There is provision for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days.
The bill is said to be for transparency, not for interference with mosques. The Indian Constitution guarantees the right to freedom of religion, ensuring that individuals can freely profess, practice and propagate their faith. It also grants religious denominations the right to manage their affairs, establish institutions, and own property.
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Prof. (Er.) Chander P Mahajan is an art critic & a free lance journalist. The Environmentalist stays in Shimla and Dalhousie, Himachal Pradesh, India.
