Comprehensive Analysis of Waqf Properties in India and the Waqf (Amendment) Bill, 2024

1. Introduction to Waqf in India

Waqf is a crucial Islamic charitable institution where property is dedicated for religious or social purposes in perpetuity. The income from Waqf properties is meant to support mosques, madrasas, schools, orphanages, hospitals, and other welfare activities.

Significance of Waqf in India

• India has one of the largest numbers of Waqf properties globally, contributing to the well-being of the Muslim community.
• However, due to legal disputes, corruption, and government interference, Waqf assets have largely failed to fulfill their intended social and economic purpose.

With the Waqf (Amendment) Bill, 2024 being introduced by the Indian government, the future of Waqf management in India is at a crossroads. While the bill aims to bring structural reforms, it has sparked concerns of government overreach into Muslim endowments. This report explores:

1. The current state of Waqf properties in India.
2. Findings from the Sachar Committee Report.
3. Details and analysis of the Waqf (Amendment) Bill, 2024.
4. Opposition and concerns raised by Muslim organizations.
5. Comparison with Waqf management in other countries.
6. Recommendations for improving Waqf administration in India.

2. The Current Status of Waqf Properties in India

Scale of Waqf Assets

As per government records:

• Number of Waqf Properties: 4.9 lakh (490,000)
• Total Land Area: 6 lakh (600,000) acres
• Estimated Book Value: ₹6,000 crores (Market value: several lakh crores)
• Annual Income Generated: ₹163 crores (which is less than 3% return on asset value)

Distribution of Waqf Properties in India

Despite being one of the largest holders of land in India, Waqf properties fail to generate meaningful revenue due to mismanagement, illegal encroachments, and corruption.

Key Challenges in Waqf Management

1. Widespread Encroachments

• 80% of Waqf properties are illegally occupied by government agencies, private businesses, and individuals.
• Example: In Delhi, several Waqf properties are occupied by government agencies without rent payment.

2. Corruption and Mismanagement

• Many Waqf Board officials are accused of illegal land leasing and fraudulent property transfers.
• Example: In Karnataka, a scandal involving Waqf properties worth ₹2 lakh crore exposed deep-rooted corruption.

3. Financial Inefficiency

• Waqf properties in prime locations (Mumbai, Delhi, Hyderabad, Kolkata) generate almost no revenue.
• With proper commercial management, Waqf assets could generate ₹12,000-₹20,000 crores annually.

4. Legal and Bureaucratic Hurdles

• Thousands of Waqf properties are locked in court disputes, preventing effective use.

5. Political Interference

• Waqf Boards are politically controlled, leading to inefficient administration.

3. The Sachar Committee Report (2006) on Waqf Properties

Key Findings

The Sachar Committee, set up to assess the socio-economic conditions of Muslims in India, found that:

• Waqf properties were significantly underutilized.
• Encroachments by government agencies and individuals had led to losses worth thousands of crores.
• Weak governance structures in Waqf Boards resulted in mismanagement.

Recommendations

1. Create a National Waqf Development Corporation (NWDC) to professionally manage Waqf assets.
2. Digitize Waqf properties to ensure transparency.
3. Strengthen legal mechanisms for reclaiming encroached properties.
4. Financially empower Waqf Boards to develop commercial projects.

Despite these recommendations, no significant reforms were implemented.

4. The Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024 proposes key changes to the Waqf Act, 1995.

Key Provisions

1. New Rules for Declaring Waqf
   • Only Muslims who have practiced Islam for at least 5 years can declare a Waqf.
   • Removes “Waqf by user”, meaning land used for religious purposes for a long period does not automatically become Waqf.
2. Government Oversight
   • District Collectors will oversee Waqf property surveys instead of Waqf Boards.
3. Changes in Waqf Board Composition
   • Non-Muslims can be included in Waqf Boards.
   • Muslim women must be represented.
4. Tribunal Reforms
   • Allows High Court appeals against Waqf Tribunal decisions within 90 days.

5. Opposition to the Waqf (Amendment) Bill, 2024

Concerns from Muslim Organizations

1. Fear of Government Takeover
   • Giving power to District Collectors instead of Waqf Boards could allow government control over Waqf land.
2. Removal of “Waqf by User”
   • This weakens the status of many historic mosques, dargahs, and graveyards.
3. Inclusion of Non-Muslims in Waqf Boards
   • Opponents argue Waqf should be managed exclusively by Muslims, as it is a religious endowment.

6. International Comparison: Waqf Management in Other Countries

Lessons for India

1. Adopt a Corporate Governance Model like Malaysia.
2. Digitize Waqf Properties to prevent fraud.
3. Develop Waqf Assets Commercially to maximize revenue.

7. Recommendations for Reform

1. Create a National Waqf Development Authority (NWDA)

• A professional institution to manage Waqf properties efficiently.

2. Digitization of Waqf Assets

• Implement GIS-based mapping to prevent fraud and encroachments.

3. Establish Special Waqf Tribunals

• Fast-track Waqf-related disputes in courts.

4. Encourage Public-Private Partnerships

• Waqf properties should be commercially developed to generate income.

5. Introduce Financial Audits & Transparency Measures

• Annual financial audits of Waqf Boards.

8. Conclusion

The Waqf (Amendment) Bill, 2024 is controversial due to concerns about government control over Waqf assets. While reform is necessary, the government must ensure community participation and transparency.

India must adopt best practices from Turkey, Malaysia, and Saudi Arabia to maximize the economic and social impact of Waqf properties. This will help fulfill their intended purpose of serving the Muslim community while ensuring professional management.