Controversy Erupts Over Proposed Amendments to Waqf Property Law in India

The proposed amendments to the waqf property law have sparked protests among Muslim groups in India, who argue that the changes threaten their rights over traditionally held community properties and may serve politically motivated agendas.

The Indian government’s proposed amendments to the waqf property law have ignited a wave of protests among Muslim communities, triggering deep concerns about the future of religious and community properties worth millions. The waqf properties, which include mosques, madrasas, orphanages, and vast tracts of land, have been managed under the existing law since its introduction in the 1995 Waqf Act.

The new bill, which suggests over 40 amendments, aimed to address corruption within waqf boards, comply with demands from Muslim reform groups, and ensure better management of these properties. However, the draft legislation has not yet been presented in Parliament, as a joint committee seeks more time for recommendations.

Prime Minister Narendra Modi's administration states that the reforms are designed to root out corruption and support accountability within the waqf system. Yet, critics argue that the changes are politically motivated, aimed at undermining minorities’ rights in favor of Hindu nationalist ideologies. The roots of the waqf system trace back to the 12th century during the Delhi Sultanate, focusing on collective community benefit through properties that cannot be sold or repurposed.

The recent amendments have faced backlash due to their potential to alter longstanding ownership rights, particularly regarding historic mosques and burial sites lacking formal documentation. Proposed changes potentially exempt properties historically recognized as “waqf by user,” leading to uncertainty about ownership for numerous community-held lands.

Voices within the Muslim community express skepticism about the intentions behind the reforms, viewing proposals that would mandate the inclusion of non-Muslims on waqf boards as a direct challenge to their autonomy. Although some advocate for greater inclusivity in religious management, many question the potential for a majoritarian influence over Muslim community properties.

Additional amendments stipulate that waqf boards must register their properties with local district collectors, potentially infringing upon their authority. Prominent Muslim leaders, such as MP Asaduddin Owaisi, contend that these changes could enable claims over previously established waqf properties, threatening the historical and cultural significance of these sites.

While there is consensus regarding the need for reform to tackle corruption and mismanagement within waqf boards, many community leaders assert that any alterations must prioritize the needs and voices of those directly impacted. The ongoing debate underscores the complexities of balancing secular governance with the rights of minority communities in India's evolving socio-political landscape.