NOVEMBER 2024

In the noise of misinformation and divisive rhetoric that dominates contemporary political discourse, few issues have sparked as much confusion as the WAQF Board.

Social media platforms are rife with half-truths, exaggerated claims, and outright falsehoods, painting the WAQF Board as an unchecked force threatening property rights in Indian, fostering corruption, and undermining national unity of India.

These narratives, often amplified by opportunists and vested interests, risk fracturing the delicate secular social fabric of India.

Yet, beneath this storm of controversy lies a nuanced reality—a complex interplay of administrative inefficiencies, historical significance, and the urgent need for reform.

To understanding the truth about the WAQF Board and its operations is not just a matter of legal clarity but a step toward crushing the societal tensions that misinformation fuels.

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As one of the largest custodians of charitable and religious endowments in India, the WAQF Board occupies a pivotal role, straddling centuries-old traditions and the demands of a rapidly modernizing nation.

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 ...WAQF board has its traditions and practices dating back to 12th century

There are at least 872,351 waqf properties across India, spanning more than 940,000 acres, with an estimate of Rupees 1.25 lakh Crore. ($14.22bn; £11.26bn).

The WAQF board has its traditions and practices dating back to 12th century when the Muslim rulers came from central Asia forming Delhi Sultanate.

Many properties that are being used by the Muslim community lack formal documentation as they were orally donated. This practice has been carried out for generations.

To truly appreciate the implications of the Amendment Act, here are the layers of myths and mismanagement, exploring both the challenges and opportunities that lie ahead. There are 40 changes to the law that are proposed.

Myth 1: WAQF Board Can Claim Any Property

One widespread rumour suggests that the WAQF Board has unchecked powers to claim private or government properties as its own. This belief has led to panic and distrust, especially among property owners.

However, this claim is patently false. WAQF properties are governed by the WAQF Act, 1995 and are legally designated for religious and charitable purposes under Islamic law.

The process of claiming land involves multiple checks and balances. A survey commissioner is appointed to verify documentation and assess the legitimacy of any property claims.

Certainly. disputes over claims can be challenged in court, ensuring that the WAQF Board cannot unilaterally seize land.

Thus, the idea that the WAQF Board wields arbitrary powers over land acquisition is a baseless myth designed to stoke fear and division.

Myth 2: WAQF Board Owns WAQF Properties

Another misconception posits that the WAQF Board owns all WAQF properties and can freely sell or lease them at will.

The reality, however, is more nuanced.

WAQF properties are endowments, meaning ownership rests with the WAQF entity, not the Board itself. The WAQF Board merely acts as a custodian or administrator, and any sale, lease, or transfer of these properties requires legal approval.

Violations of WAQF rules can be addressed by WAQF tribunals, which have the authority to adjudicate disputes. 

This clarification underscores the fact that the Board’s administrative role is far from unchecked, countering the narrative of absolute ownership and control.

Myth 3: WAQF Board is a State Within a State

Critics often allege that the WAQF Board operates as an autonomous entity without any oversight, similar to a “state within a state.” This notion perpetuates the myth that the Board is an all-powerful organization.

In reality, the WAQF Board operates under the provisions of the WAQF Act, which includes multiple layers of oversight.

WAQF tribunals, state governments, and even the High Courts and Supreme Court have the authority to review the Board’s actions. Financial dealings are audited, and mismanagement of funds attracts legal penalties under Indian law.

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 ...WAQF Board operates under the provisions of the WAQF Act...

The existence of such checks and balances demonstrates that the WAQF Board is neither omnipotent nor beyond scrutiny.

Myth 4: WAQF Properties Benefit Only Muslims

One of the most divisive misconceptions is that WAQF properties exclusively serve the Muslim community.

While these properties do follow Islamic principles, they often benefit people from all communities. A prime example is Hamdard Pharmaceuticals, a WAQF entity whose products are widely used across India, regardless of religious affiliation.

This inclusivity highlights the broader social utility of WAQF properties, debunking the notion that they are confined to serving only Muslims.

Addressing this myth is crucial to fostering unity and dispelling narratives of exclusion.

Myth 5: WAQF Board is Corrupt and Inefficient

The scale of WAQF properties—estimated at 6–8 lakh acres, making it the third-largest landholder in India after the Indian Army and Indian Railways—presents significant management challenges.

Critics often cite corruption and inefficiency as endemic to the WAQF Board.

While there is evidence of mismanagement, such issues are not unique to the WAQF Board and are prevalent across various administrative bodies in India.

The Sachar Commission Report (2006) highlighted inefficiencies within the WAQF system, noting that revenue from WAQF properties, projected at ₹12,000 crore annually, was a mere ₹163 crore.

According to government data, about 59,000 properties under WAQF are encroached, about 13,000 are under litigation and for more than 4,35,000 properties the status is unknown.

Modernization and digitization of land records are essential to improving management and reducing corruption.

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...about 59,000 properties under WAQF are encroached, about 13,000 are under litigation...

However, these reforms must be part of a broader initiative to modernize land management across all religious and administrative trusts in India.

Myth 6: WAQF Board is Anti-National

Another dangerous rumour accuses the WAQF Board of prioritizing religious interests over national interests, branding it as “anti-national.”

This narrative is baseless and inflammatory.

Like temple trusts, gurudwara boards, and Christian organizations, the WAQF Board operates under Indian statutory laws and serves as a custodian of religious and charitable endowments.

If any evidence of harmful activities emerges, the state or central government has the authority to take legal action. 

The Board’s long-standing existence under constitutional provisions and government oversight disproves claims of anti-national activities, emphasizing its legitimate role in Indian society.

Myth 7: Foreign Influence in WAQF Properties

Some speculate that WAQF properties are controlled by foreign entities or powers, an allegation that lacks any factual basis.

WAQF properties are governed by Indian laws and managed by Indian statutory bodies.

They fall under the complete jurisdiction of Indian courts, ensuring that foreign influence plays no role in their operations.

Myth 8: WAQF Tribunals are Biased

WAQF tribunals, like other quasi-judicial bodies such as income tax or green tribunals, are alleged to favor the Muslim community exclusively.

However, these tribunals are composed of legal experts, government representatives, and retired judges, ensuring impartiality. 

Their rulings are based on legal principles and facts, and any aggrieved party can appeal their decisions in higher courts.

Future: WAQF Amendment Bill 2024

The WAQF Amendment Bill 2024 aims to address inefficiencies and mismanagement within the WAQF system. 

Modernizing the Board through digitization of land records, streamlining administrative processes, and enhancing transparency are essential steps forward.

However, the government’s intent has come under scrutiny, given its track record and alleged biases toward the Muslim community.

Critics argue that the government’s selective focus on the WAQF Board, while neglecting similar inefficiencies in other religious trusts, raises questions about its motives. 

To build trust, reforms should encompass all religious and charitable boards, ensuring fairness and inclusivity.

Moreover, the government must exercise caution when intervening in religious practices.

Excessive interference risks alienating communities and undermining India’s secular ethos.

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...the government must exercise caution when intervening in religious practices

Addressing broader issues of land management and property rights across the nation would provide a more balanced and credible approach.

Conclusion

The controversy surrounding the WAQF Board Amendment Act underscores the importance of dispelling misinformation and addressing systemic inefficiencies.

Myths about the WAQF Board’s powers, ownership, and operations have fueled unnecessary divisions, while legitimate concerns about mismanagement warrant careful attention.

Ensuring that reforms apply to all religious trusts and boards will not only enhance efficiency but also uphold India’s commitment to secularism and equality.

By addressing these challenges thoughtfully, the WAQF Board can continue to serve its purpose as a custodian of religious and charitable endowments, contributing to the welfare of all communities.

Modernization and reform are necessary, there is no doubt about it, but they must be implemented transparently and inclusively.