Waqf Board Land Grab

Amidst the ongoing debate over the Waqf Amendment Bill, shocking revelations have emerged regarding the Waqf Board's claims over ancient Hindu temple lands in various states.

What is ‘Waqf’?

• Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited.
• Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah.
• ‘Waqif’ is a person who creates a waqf for the beneficiary.
• Irrevocable: Since the ownership of the property is transferred to Allah from the waqif in the case of Waqf, and property cannot be taken back from Allah, once a property becomes Waqf, it will always stay Waqf, making it irrevocable.
• Spread: Wakf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. 
  • India has the largest waqf holding in the World. Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.

What is the Waqf Act?

• The Mussulman Waqf Act, 1923, was introduced by the British who first introduced The Madras Religious and Charitable Endowments Act, 1925, which drew large protests from Muslims and Christians. It was then redrafted to exclude them, made applicable to Hindus only and renamed the Madras Hindu Religious and Endowments Act, 1927.
• The Waqf Act was first passed by Parliament in 1954. Subsequently, it was repealed and a new Waqf Act was passed in 1995 which gave more powers to Waqf Boards.
• Amendments in 2013 - Some provisions of the Act were amended in the year 2013 to make waqf management more efficient and transparent. However, during the course of implementation of the Act, it was felt that the Act did not prove effective in improving administration of Waqf. 
  • The Waqf Board has unlimited powers to claim properties in the name of Muslim charity — a power that no other religious body in India enjoys.
  • Section 3 of the Waqf Act, 1995, states that if the Waqf “thinks” that the land belongs to a Muslim, then it is the property of the Waqf. The board does not have to furnish any evidence on why they think the land falls under their ownership.
• Waqf Repeal Bill, 2022: For the purpose of achieving a more equitable arrangement and treatment of bodies such as waqf and other recognized religious entities established under similar intent, the aforesaid Waqf Act, 1995 as amended was tabled in Rajya Sabha.
• Mussalman Wakf (Repeal) Bill, 2024: The objective of the Waqf (Amendment) Bill, 2024, is to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing Waqf properties. The Amendment Bill seeks to improve the administration and management of waqf properties in India.
  • It aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definitions of waqf, improving the registration process, and increasing the role of technology in managing waqf records?