The Waqf Act in India is often perceived only as a religious issue, but in reality, it primarily deals with property management, administration, and governance. The Waqf Act, 1995, and its amendments aim to regulate Waqf properties to ensure they are used appropriately. First this first, Waqf refers to the permanent donation of movable or immovable property by a Muslim for religious, charitable, or social welfare purposes. However, the real challenge lies not in religious practice but in the administration of these properties.
The government has the authority to oversee the non-religious activities of Waqf institutions under Section 96 of the Waqf Act. The Central Waqf Council (CWC) and State Waqf Boards (SWBs) are responsible for maintaining transparency and legal compliance in Waqf property management. Indian courts have also reaffirmed that Waqf Boards function as statutory bodies meant for property oversight rather than religious organizations.
Several legal rulings have reinforced the secular nature of Waqf property management.
In Syed Fazal Pookoya Thangal vs Union of India (1993), the Kerala High Court clarified that Waqf Boards are government-regulated bodies, not religious entities.
Similarly, in Hafiz Mohammad Zafar Ahmad vs UP Central Sunni Board of Waqf (1965), the Allahabad High Court ruled that a mutawalli (caretaker) does not own Waqf property but only manages it.
The Supreme Court in Tilkayat Shri Govindlalji Maharaj vs State of Rajasthan (1964) further confirmed that managing religious properties is a secular responsibility, a principle that also applies to Waqf properties.
Despite these legal clarifications, Waqf property management in India faces serious challenges, including mismanagement, illegal occupation, and lack of transparency.
The WAMSI portal reports that over 58,898 Waqf properties are illegally occupied.
In Govindpur, Bihar (2024), the Bihar Sunni Waqf Board staked an unjustified claim over an entire village, sparking legal battles.
In Kerala (2024), around 600 Christian families protested after the Waqf Board declared their ancestral lands as Waqf property.
A similar case emerged in Surat, Gujarat, where the Waqf Board shockingly claimed ownership over the Surat Municipal Corporation Headquarters, a government-owned building.
To address these growing concerns, the Waqf (Amendment) Bill, 2025, has been introduced with significant reforms. The most crucial change is the removal of Section 40, which previously allowed Waqf Boards to unilaterally declare any property as Waqf without proper documentation. The bill also mandates the digitization of Waqf records to prevent fraudulent claims and improve tracking. Additionally, it enhances the powers of Waqf Tribunals for quicker dispute resolution and introduces non-Muslim members into Waqf Boards to ensure transparency and fairness in decision-making.
Also Read: Exposing Misinformation and Fear Mongering on the Waqf Amendment Bill: Key FAQs Explained
In conclusion, the Waqf system in India is primarily about property administration rather than religious control. The Waqf (Amendment) Bill, 2025, is a crucial step in resolving long-standing issues of mismanagement, arbitrary claims, and lack of oversight. By enforcing transparency, strengthening legal safeguards, and preventing illegal claims, the bill ensures that Waqf properties serve their intended purpose while protecting the rights of all citizens.
