Al Haqeeqa
The recent revelation by the Union Ministry of Minority Affairs that 994 Waqf properties across India have been illegally encroached upon is a stark reminder of the challenges in managing and safeguarding Waqf assets. These properties, dedicated to religious, educational, and charitable purposes, are intended to benefit the Muslim community by supporting mosques, schools, and welfare initiatives. However, systemic flaws in the implementation of the Waqf Act, 1995, coupled with corruption and encroachments, have compromised their utility and significance. The Waqf properties are invaluable resources for the Muslim community. From mosques and madrassas to graveyards and orphanages, these assets are meant to serve a higher purpose. Yet, their vulnerability to encroachment highlights faults in the present Waqf Act. According to the Ministry’s submission during the Winter Session of Parliament, states like Uttar Pradesh, Maharashtra, and Tamil Nadu account for the highest number of encroachments. These range from small-scale illegal occupations by private individuals to large-scale unauthorized constructions by businesses and organizations. Waqf boards across India have long struggled to protect and reclaim encroached properties.
The Waqf Act, 1995, was enacted to regulate the management of Waqf properties and ensure their proper utilization. However, several loopholes in the law have allowed corruption and encroachments to flourish. Many Waqf boards lack the infrastructure to effectively monitor their properties. Without regular surveillance, encroachments often go unnoticed until it is too late. Resolving Waqf-related disputes is time-consuming, with cases often dragging on for years. Reports of Waqf officials colluding with land mafias for personal gain have tarnished the credibility of Waqf boards. The Act does not impose stringent penalties for encroachments, emboldening offenders. The Union government has recognized the gravity of the situation and outlined measures to address it. The Minority Affairs Ministry has proposed several reforms to enhance the protection of Waqf properties. The government is working on digitizing Waqf property records and implementing GIS-based mapping systems. These initiatives aim to improve transparency, ensure accurate record-keeping, and prevent unauthorized occupation. To expedite dispute resolution, the Ministry has proposed setting up special tribunals dedicated to Waqf property cases. This would significantly reduce the backlog of cases in traditional courts. Allocating additional funding to Waqf boards is essential to bolster their capacity to manage properties and pursue legal actions against encroachers. The Central Waqf Council (CWC) has been directed to work closely with state Waqf boards to ensure regular monitoring of properties. While these steps are welcome, they must be accompanied by measures to address systemic corruption within Waqf boards. A lack of accountability among officials has allowed collusion with encroachers to persist. Stricter penalties and independent oversight mechanisms are necessary to curb such practices. greater community participation can act as a check on corrupt practices. Involving local stakeholders in monitoring and reporting encroachments can enhance transparency and accountability.
Despite the proposed reforms, opposition leaders and community activists remain skeptical. Efforts to amend the Waqf Act have reignited debates about balancing reform with the autonomy of Waqf boards. However, reforms aimed at improving governance and accountability should not be seen as a threat but as an opportunity to restore trust in the system. Some steps to enhance functioning of the Waqf may include addressing the deep-seated challenges facing Waqf properties, amending the Waqf Act to introduce stricter penalties for encroachments and corrupt practices, investing in the training and capacity-building of Waqf board officials, educating the community about the significance of Waqf properties and encouraging them to report encroachments and collaboration with civil society organizations for effective monitoring and enforcement. The revelation of 994 encroached Waqf properties highlights the urgent need for reform in the management and protection of these assets. The loopholes in the Waqf Act, 1995, have allowed corruption and encroachments to persist, depriving the Muslim community of valuable resources. Reforms to the Waqf Act must be viewed not as a threat but as a means to strengthen the system and ensure that Waqf properties serve their intended purpose. By plugging existing loopholes and holding officials accountable, the government can restore faith in the governance of Waqf assets and ensure their preservation for future generations. The path to reform may be challenging, but it is a necessary step toward safeguarding the rights and resources of the minority community.
– Altaf Mir,
PhD, Jamia Millia Islamia
