In brief
A recent proposal to amend India's Waqf Act, aimed at reforming the management of centuries-old Muslim charitable properties, has led to significant protests from various Muslim groups who view the changes as politically motivated and detrimental to minority rights.
The introduction of a new bill seeking to amend the Waqf Act has ignited widespread protests among Indian Muslims, who argue that the proposed changes threaten their rights and could exacerbate corruption. The Waqf Act regulates properties donated by Muslims over centuries, including mosques, madrassas, and orphanages, collectively referred to as waqf properties. These properties are governed by state-level boards designed to ensure their proper management.Prime Minister Narendra Modi's government claims the amendments—over 40 in total—are necessary to address corruption within waqf boards and to meet calls for reform from within the Muslim community. However, several opposition parties and Muslim organizations contend that the changes are politically motivated, aimed at undermining minority rights in favor of the ruling Hindu nationalist agenda.Dating back to the 12th century, the tradition of waqf reflects a commitment to charitable giving in Islam. The current U.S.$14.2 billion worth of waqf properties spans over 940,000 acres and includes 872,351 properties. Despite government claims that waqf boards are major landholders, they are also criticized for mismanagement and corruption issues. Past reports, including one by the Justice Sachar Committee, have highlighted significant revenue losses due to inadequate management and rampant encroachment on waqf land.Muslim groups acknowledge the need for reform to combat corruption within waqf boards but argue that many properties are already under threat from encroachments by individuals or government bodies. Existing laws allow for “waqf by user,” a provision that recognizes properties based on usage rather than formal documentation. The proposed amendments, however, omit this provision, potentially jeopardizing the status of many historical mosques and dargahs that lack official records.Critics also note that changes to the composition of waqf boards—including mandatory non-Muslim representation—may dilute Muslim control over waqf properties, raising concerns about the final goal of these amendments. The proposed procedures for confirming waqf status would place additional power in the hands of district collectors and government officials, a move deemed unnecessary by many Muslim leaders.Prominent Muslim politicians, such as Asaduddin Owaisi, have voiced fears that these legislative changes could strip Muslims of their ancestral lands while allowing encroachers to stake claims to historical sites, threatening the fabric of the Muslim community's religious and cultural heritage.Despite calls for reform to improve the management of waqf properties, many in the community stress the need for any changes to be sensitive to their interests and rights. They argue that while the diagnosis of problems may be accurate, the proposed legislative treatment risks causing more harm than good in preserving their communal assets and identity.
