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The recent passage of the Waqf Amendment Bill by the Indian Parliament marks a significant moment in the ongoing efforts to reform and modernize the management of Waqf properties across the nation. Waqf, an Islamic concept referring to an inalienable religious endowment dedicated to charitable purposes, holds a substantial amount of land and assets in India. The bill, which underwent extensive debate and scrutiny in both the Lok Sabha and the Rajya Sabha, aims to address long-standing issues related to the governance, transparency, and utilization of these properties. The historical context of Waqf properties in India is complex and multifaceted, dating back centuries and intertwined with various legal and administrative frameworks. The initial legislative attempts to regulate Waqf properties began in the early 20th century, with the enactment of the Mussalman Wakf Validating Act of 1913. This act sought to legitimize family Waqfs, which were established for the benefit of the founder's family with the ultimate intention of charitable use. Subsequently, the Acts of 1923 and 1930 were introduced to enhance transparency and reinforce the legal validity of Waqf institutions. The landmark Waqf Act of 1954 laid the foundation for the establishment of State Waqf Boards and the Central Waqf Council, aiming to create a more structured and organized system for the management of Waqf properties. However, it was the comprehensive Waqf Act of 1995 that introduced significant reforms, including the establishment of Waqf Tribunals with powers equivalent to civil courts, thereby streamlining the process for resolving disputes related to Waqf properties. The Waqf (Amendment) Act of 2013 further refined the legal framework by mandating three-member tribunals with a Muslim law expert, ensuring representation of women on each board, prohibiting the sale or gifting of Waqf assets, and extending lease terms to a maximum of 30 years. The current Waqf Amendment Bill of 2025 and the Mussalman Wakf (Repeal) Bill of 2024 represent the latest iteration in this ongoing process of reform. The government asserts that these bills are designed to modernize Waqf governance, address existing legal challenges, and promote the socio-economic development of the Muslim community. The Ministry of Minority Affairs is actively involved in implementing schemes such as the Quami Waqf Board Taraqqiati Scheme (QWBTS) and the Shahari Waqf Sampatti Vikas Yojana (SWSVY) to digitize Waqf records and facilitate commercial development on Waqf land. These initiatives aim to enhance transparency, improve efficiency, and unlock the economic potential of Waqf properties for the benefit of the community.
The debate surrounding the Waqf Amendment Bill in Parliament highlighted the diverse perspectives and concerns regarding the management and utilization of Waqf properties. Opposition parties voiced strong objections, labeling the bill as “anti-Muslim” and “unconstitutional,” while the government defended it as a “historic reform” that would ultimately benefit the minority community. The concerns raised by the opposition parties often revolved around issues of transparency, accountability, and the potential for misuse of Waqf properties. Some critics argued that the bill could potentially undermine the autonomy of Waqf institutions and grant excessive powers to government-appointed officials. Others expressed concerns about the lack of adequate safeguards to protect Waqf properties from encroachment and illegal occupation. On the other hand, the government emphasized the need for modernizing Waqf governance to address long-standing challenges and ensure the proper utilization of Waqf properties for charitable and developmental purposes. The government argued that the bill would enhance transparency, improve accountability, and streamline the management of Waqf properties, thereby preventing their misuse and ensuring that they are used for the benefit of the community. The government also highlighted the importance of digitizing Waqf records and promoting commercial development on Waqf land to generate revenue and create employment opportunities for the Muslim community. The passage of the Waqf Amendment Bill signifies a commitment to addressing the complex issues surrounding the management of Waqf properties in India. However, it is crucial that the implementation of the bill is carried out in a transparent, inclusive, and accountable manner to ensure that the intended benefits reach the community and that the concerns raised by various stakeholders are adequately addressed. The success of the Waqf Amendment Bill will ultimately depend on the ability of the government, Waqf institutions, and the community to work together to promote the proper management and utilization of Waqf properties for the socio-economic development of the Muslim community.
The data on Waqf properties in India, as of March 14, 2025, reveals a substantial number of registered Waqf properties spread across the country. According to the Waqf Management System of India (WAMSI) portal, there are 8.72 lakh registered Waqf properties encompassing more than 38 lakh acres of land. However, it is important to note that only a small fraction of these properties have complete documentation, with ownership documents uploaded for only 9,279 cases and corresponding Waqf deeds available for just 1,083 cases. This highlights the significant challenges in ensuring the proper documentation and management of Waqf properties. The state-wise distribution of Waqf properties reveals that Uttar Pradesh (Sunni) has the highest number of properties, with 2.17 lakh, although total area figures were not available. West Bengal follows with 80,480 properties, while Punjab has 75,965, Tamil Nadu has 66,092, and Karnataka has 62,830. These figures underscore the regional variations in the distribution of Waqf properties across India. The existence of such a vast number of Waqf properties presents both opportunities and challenges. On the one hand, Waqf properties have the potential to contribute significantly to the socio-economic development of the Muslim community through the provision of educational, healthcare, and other charitable services. On the other hand, the lack of proper documentation, the potential for encroachment and illegal occupation, and the challenges in managing and utilizing these properties effectively pose significant obstacles. The Waqf Amendment Bill and the associated initiatives by the Ministry of Minority Affairs aim to address these challenges and unlock the potential of Waqf properties for the benefit of the community. By modernizing Waqf governance, promoting transparency and accountability, and facilitating commercial development on Waqf land, the government hopes to ensure that Waqf properties are managed effectively and utilized for their intended purposes.
The future of Waqf properties in India hinges on the successful implementation of the Waqf Amendment Bill and the continued efforts to modernize Waqf governance. It is crucial that the government works closely with Waqf institutions, community leaders, and other stakeholders to ensure that the bill is implemented in a fair, transparent, and accountable manner. The digitization of Waqf records is essential for improving transparency and preventing the misuse of Waqf properties. The Ministry of Minority Affairs should prioritize the completion of this process and ensure that all Waqf properties are properly documented and registered. Furthermore, the promotion of commercial development on Waqf land can generate revenue and create employment opportunities for the Muslim community. However, it is important to ensure that such development is carried out in a sustainable and socially responsible manner, with due consideration for the needs of the community and the preservation of Waqf properties. The empowerment of women in Waqf management is also crucial for ensuring that Waqf properties are managed in a fair and equitable manner. The Waqf Amendment Act of 2013 mandated the representation of women on Waqf boards, and this provision should be fully implemented to ensure that women have a voice in the decision-making process. Finally, it is important to foster a culture of transparency, accountability, and ethical conduct in Waqf management. This can be achieved through the implementation of robust internal controls, the establishment of independent oversight mechanisms, and the promotion of awareness among Waqf officials and the community about their rights and responsibilities. By addressing these challenges and implementing these reforms, India can unlock the full potential of Waqf properties and ensure that they contribute effectively to the socio-economic development of the Muslim community and the nation as a whole. The legacy of Waqf, rooted in centuries of tradition and charitable endowment, can be revitalized to serve as a catalyst for progress and prosperity in the 21st century.
Source: 8.72 lakh properties, 38 lakh acres: State-wise list of Waqf land in India