The Waqf Board and the Waqf Act are significant subjects when it comes to the intersection of law, religion, and politics in India. The issue of waqf properties has often been discussed in the context of its influence on various religious communities and its impact on India’s socio-political landscape.
Waqf Act’s history
Waqf, a cornerstone of Islamic jurisprudence, lacks explicit mention in the Quran but finds its basis in the Prophet Muhammad’s teachings. For instance, when Umar sought guidance on dedicating land in Khaibar, the Prophet advised tying up the property for charitable purposes, prohibiting its sale or inheritance. Over time, waqf became central to Islamic philanthropy and governance, introduced in India during the Delhi Sultanate, when rulers like Muizuddin Sam Ghaor dedicated villages for mosques.
In British India, initial policies regulated religious endowments, such as the Bengal Code of 1810, but Christian missionary opposition led to reduced government control, resulting in mismanagement. Landmark judgments like Abdul Fata Mahomed Ishak v. Russomoy Dhur restricted family-benefiting waqfs, prompting the Mussalman Wakf Validating Act, 1913.
Post-independence, the Waqf Act of 1954 centralized administration and established Waqf Boards, which faced criticism for alleged appeasement. The 1995 Act expanded definitions, introduced Waqf Tribunals, and granted broader powers to the boards. The 2013 amendments further strengthened waqf administration by allowing non-Muslim contributions, prohibiting property alienation, and ensuring the return of waqf properties occupied by government agencies.
Key reforms included redefining waqf to include Waqf by User, transferring dispute resolution to tribunals, and appointing Muslim CEOs for Waqf Boards. Encroachment removal powers were expanded, and the legislation was made overriding, ensuring its primacy over conflicting laws.
The Congress and the Waqf Act: Empowering one community, marginalizing others?
In the early 1990s, the Congress government took steps that would shape the governance of waqf properties through a series of legislative changes, with the Waqf Act of 1995 standing out as one of the most prominent.
The Act provided for the establishment of the Waqf Board, a statutory body that was tasked with managing waqf properties—land and assets donated for religious or charitable purposes by Muslims. The creation of this board was meant to ensure the proper administration of waqf properties, and to a certain extent, it did achieve that goal. However, the implementation of the Act and its subsequent amendments sparked controversy over the years.
One of the criticisms of the Waqf Act is that it, in some ways, provided a mechanism to control and expand the reach of Muslim interests over large swathes of land and property across India. While the intent behind the Act may have been to protect Muslim heritage and charitable assets, it has been accused of being a vehicle to enable the consolidation of power within one particular community.
Furthermore, the Waqf Board has been accused of widespread mismanagement and corruption, with multiple reports and accusations claiming that properties under its control were being misused, encroached upon, or misappropriated. There have also been instances where the properties of Hindus were alleged to have been marked as waqf land, leading to conflicts. In some cases, the Waqf Board’s attempts to assert control over such properties have been seen as unjust and encroaching on the rights of non-Muslim communities.
The atrocities and misuse of power by the Waqf Board
The Waqf Board, particularly in its early years, has been criticized for a lack of accountability and for the manner in which it handled waqf properties. Allegations of land grabbing, illegal encroachments, and the hijacking of waqf resources for personal or political gain have been rife over the years. While the Waqf Act was designed to ensure that waqf properties were used for religious and charitable purposes, in many instances, these properties have been encroached upon or misused for commercial purposes, often with little recourse for those seeking justice.
Moreover, the board’s ability to encroach upon or claim land from other communities, particularly Hindus, has fueled allegations of institutional bias. In some cases, the Waqf Board has been accused of forcibly taking possession of properties that did not belong to the Muslim community. This led to resentment and accusations that the Waqf Act and its enforcement were being used not to protect Muslim interests, but to further Islamic expansion at the expense of other religions and communities. Let’s take a look at a few instances.
The Waqf Board Act of India grants the Waqf Board sweeping powers to declare any property as Waqf property under Section 40, which is the core of the Act. The Board can conduct an inquiry and, if satisfied, register a property as Waqf. This includes approaching individuals or institutions they believe hold such properties. The Uttar Pradesh Sunni Waqf Board, for example, attempted to declare the Taj Mahal a Waqf property, though the Supreme Court intervened. The Act allows the Board to seize property with the help of local authorities and mandates quick delivery of possession. Additionally, Section 101 holds Board members accountable under the IPC, making them public servants. This law, with its vast reach and authority, raises concerns about its potential abuse.
In 1936, it is alleged that Gyanvapi temple as claimed by Waqf!
The Ministry of Minority Affairs recently revealed in Parliament that Tamil Nadu has the highest number of illegally occupied Waqf properties in India, with 734 out of 994 such cases nationwide. Other states with significant issues include Andhra Pradesh (152 properties), Punjab (63), Uttarakhand (11), and Jammu & Kashmir (10). These properties, managed by Waqf, are intended for religious, educational, and charitable purposes under the Waqf Act but have increasingly been subject to illegal occupation, creating governance challenges.
Tamil Nadu, particularly in urban areas, has seen widespread encroachments, while Andhra Pradesh and Punjab also report significant cases. In TN, entire villages have been claimed by the Waqf Board.
Though the issue is less pronounced in Uttarakhand and Jammu & Kashmir, it still highlights the need for better regulation of Waqf properties across India.
In addition to Waqf properties, the Archaeological Survey of India (ASI) reported 250 encroachments on its sites by the Waqf Board, including prominent locations like Jama Masjid in Firozshah Kotla and the Chhoti Gumti Tomb in RK Puram. These encroachments on culturally significant sites have raised concerns about heritage preservation.
Despite the central government’s declaration that no new land has been allocated to Waqf since 2019, illegal occupations persist. The ongoing issue underscores the need for stricter enforcement of the Waqf Act and greater oversight to ensure the protection of both religious and historical properties.
In the recent past, the Waqf Board has laid claim on 300 acres of land belonging to farmers in Latur.
In April 2024, Telangana State Wakf Board laid claim on Hotel Marriot in Hyderabad.
Delhi Waqf Board allegedly claimed DTC Bus Stand, DDA Office, MCD Garbage Dump, 4 lane road. It is alleged that UP Waqf Board has claims on 121000+ properties but no papers to substantiate most of the claims.
Waqf Board allegedly even sent a notice to the Indian Army Cantonment Authorities in Kannur, Kerala stating that the ground occupied by Indian Army belongs to WAQF.
In Kerala, the Waqf Board was in the news for claiming thousands of acres of land in Munambam. Originally leased by the King of Travancore in 1902, the land was transferred as a gift, not under the Waqf system, contradicting the Board’s assertions.
Key documents from 1950 and 1990 show the land was donated to Farooq College and later sold, not granted as Waqf property. Despite this evidence, the Waqf Protection Front continues to claim ownership. The case raises concerns about the legality of Waqf claims and calls for urgent reform in land management.
Additionally, the Board was claiming 600 acres in Thaliparamba town.
Congress allegedly made a rule in 2013 in favor of the Waqf Board that if they claim one’s property then you can’t even go to court to challenge it, you have to give up on your property.
In November 2024, the Waqf Board claimed ownership of at least 53 historical monuments in Karnataka, including iconic sites like Gol Gumbaz, Ibrahim Rauza, and forts at Bidar and Kalaburagi. These claims, particularly involving 43 monuments in Vijaypura, were made in 2005 under Mohammad Mohsin, the Principal Secretary of Health and Family Welfare, using government documents. However, these monuments are protected by the Archaeological Survey of India (ASI), and under the Ancient Monuments and Archaeological Sites Remains Act, they cannot be transferred to another authority. The ASI reports that these monuments have been encroached upon and damaged, affecting tourism.
In January 2023, 57 acres of agricultural land cultivated by Hindu farmers for decades were unlawfully transferred to the Waqf Board. Following protests and legal intervention, BJP leader H. Raja successfully facilitated the recovery of the land earlier this year, restoring it to the farmers, who expressed gratitude for the support.
A property dispute involving the Tamil Nadu Waqf Board has left around 10,000 residents of Balasamudram Municipality, Dindigul district, unable to sell or mortgage ancestral lands. The Waqf Board claimed ownership in 2020, citing Survey Number 53/1A. Residents petitioned local authorities in May 2023, highlighting discrepancies in land records and seeking resolution. Despite the claim, the Registration Department allowed some transactions until March 2023, leading to allegations of negligence. The unresolved issue mirrors the Thiruchendurai dispute, leaving the community in limbo and demanding action to address inconsistencies and ensure fair land registration processes.
In August 2024, Tamil Nadu Waqf Board President Abdul Rahman addressed claims regarding Hindu temples on Waqf properties, including the Peyazhwar Temple on land owned by the Kutchery Road Mosque. He clarified that the Waqf Board respects such temples, viewing them as pride, and has never interfered with worship. Rahman emphasized that lands managed by the Waqf Board, often donated during the British era, are for public benefit.
In August 2024, the Bihar Sunni Waqf Board claimed ownership of Govindpur village land, predominantly occupied by Hindus, and issued eviction notices to seven residents. The villagers, asserting ancestral ownership since 1910, petitioned the Patna High Court, challenging the Waqf Board’s claim and seeking protection against eviction.
The Waqf Board, with its unchecked powers, has been accused of land grabbing, illegal encroachment, and the misuse of resources for political gain. These actions have not only created division within religious communities but have also fueled resentment among those who feel their property rights have been violated. These issues have highlighted the need for greater transparency and accountability in the management of Waqf properties. The system, as it stands, is ripe for exploitation, and its current form is causing harm to both Hindus and Muslims alike.
In Tamil Nadu, over 1000 Muslims protested against the Waqf Board in Perambalur where the residents had been banned from registering their properties.
Waqf Act needs to be repealed completely
The Waqf Act and the empowerment of the Waqf Board have had far-reaching consequences, many of which have been detrimental to the harmony and unity of Indian society. The unchecked powers granted to the Waqf Board have led to widespread mismanagement, encroachment, and division. The Congress government’s legacy in passing these laws is now a contentious issue, with it favouring one community at the expense of others.
The Waqf Act must be repealed and a judicial body can be in place to ensure greater transparency, accountability, and fairness. Legislative changes that protect both religious and historical sites, and ensure the rights of all communities, are crucial to fostering a more just and harmonious India. Until such reforms are implemented, the legacy of the Waqf Act and its implementation will continue to fuel division, exploitation, and mistrust across the country.
