Protest Erupts Over Proposed Changes to Waqf Property Law in India

A proposal to amend India's Waqf Act, governing properties donated by Muslims, has led to widespread protests, as many view the changes as politically motivated efforts by the ruling government to undermine minority rights. While the government claims reforms are necessary to combat corruption and enhance property management, critics argue that they risk stripping Muslims of their historical rights over these properties.

The recent proposal to amend a decades-old law governing waqf properties in India has ignited significant unrest within the Muslim community. These properties, which include mosques, madrassas, and other community assets worth millions, are managed by a specific board established under the Waqf Act of 1995. The proposed bill, which encompasses more than 40 amendments, is now facing delays as a parliamentary committee seeks additional time to consider the changes.

Officials from Prime Minister Narendra Modi's administration argue that the amendments aim to eliminate corruption within waqf boards and respond to long-standing demands from the Muslim community for better property management. However, these assertions have been met with skepticism by several Muslim organizations, opposition parties, and concerned citizens who suspect that the revisions are politically motivated tactics to weaken minority rights.

Historically, waqf properties have been integral to the Muslim community in India, tracing back to the Delhi Sultanate in the 12th Century. These assets cannot be sold or utilized for alternative purposes, designated instead for religious and charitable activities. In total, there are over 872,351 waqf properties that represent more than 940,000 acres of land in India, valued at an estimated $14.22 billion.

Despite acknowledging the corruption issues that exist within the management of waqf boards, many Muslim groups feel that the government’s proposed reforms could inadvertently exacerbate the challenges facing these properties. A significant portion of waqf assets is reportedly encroached upon or subject to legal disputes, sparking calls for outlined ownership rules and enhanced management practices.

One of the most contentious components of the proposed law is the alteration of ownership rules that apply to historical mosques, dargahs, and graveyards traditionally governed by this system. As these properties frequently lack formal documentation due to oral donations made generations ago, critiques arise regarding the proposed omission of the “waqf by user” provision initially established in the 1954 Waqf Act. This change threatens to leave numerous properties without a clear future.

Furthermore, the bill’s push for mandatory inclusion of non-Muslims on waqf boards has also raised alarms within the community. Though some advocate for inclusivity to make management more secular, critics contend these moves may favor a majoritarian approach, potentially eroding Muslim control over waqf properties.

Amendments also propose a new requirement for waqf boards to register their assets with district collectors, who would assess the legitimacy of claims on the properties. This provision has been criticized for overshadowing the authority of waqf boards, risking further encroachment upon Muslim claims to their own historical sites.

While efforts to enhance the management of waqf properties are acknowledged as necessary, many Muslim leaders emphasize the importance of considering community interests during any reform process. As highlighted by Professor Mujibur Rehman, while the need for improvements may be recognized, the means chosen to implement these changes are viewed as potentially deleterious for the longstanding rights of the Muslim community in India.