Waqf Act overhaul: In remembrance of Article 370, Ram temple on August 5

Even after receiving a setback from the Lok Sabha elections, the BJP seems to be indulging in anti-Muslim activities as a way of appeasing a section of Hindu voters ahead of the by-elections in Uttar Pradesh and the upcoming assembly elections in Haryana, Maharashtra, Jharkhand, and Delhi.

It now aims to bring amendments to the Waqf Act of 1995. If enacted, the government could directly involve itself in handling the Waqf properties. The proposed bill, which will be presented to the Lok Sabha on Monday, August 5, was approved by the Cabinet on Friday and includes over 40 changes aimed at reforming the management and oversight of these properties.

Critics see it as an attempt at political manoeuvring, given that a large section of people in India is upset with the Modi government’s handling of unemployment and inflation. The government hopes that shifting the focus towards Muslims and exerting dominance over the community, could help them regain lost ground in the upcoming elections.

The Waqf Act, originally enacted in British India in 1936 and subsequently amended, regulates properties donated for religious and charitable purposes under Muslim law. The 1995 amendment granted substantial powers to Waqf boards, but the current proposal aims to address concerns about the misuse of these powers. The bill seeks to repeal several clauses of the act, focusing on limiting the authority of Waqf boards and instituting stricter verification processes for property claims.

A central feature of the proposed changes is the restriction of Waqf Boards’ ability to unilaterally declare properties as Waqf assets. Under the new framework, any property claims made by these boards will require rigorous verification to prevent misuse and ensure transparency. The bill also proposes significant alterations to the composition of both the Central Waqf Council and state Waqf boards. It aims to restructure these bodies to enhance accountability and ensure broader representation, including provisions for female members.

The timing of the bill's introduction is noteworthy as August 5 carries historical significance for the Modi government. This date marks the abrogation of Article 370 in 2019 and the laying of the Ram temple foundation stone in Ayodhya in 2020. These events underscore the symbolic nature of the date for the current administration.

The proposed amendments have sparked a political slugfest, with the ruling BJP framing the bill as a necessary reform to address long-standing issues within the Waqf system. The BJP argues that the changes will curb the excessive powers of Waqf boards and enhance the integrity of property management. They assert that these amendments respond to demands from within the Muslim community for greater oversight and accountability in the management of Waqf properties.

However, opposition parties have criticized the move, alleging that it is politically motivated and aimed at gaining electoral advantages ahead of key by-elections and upcoming state assembly elections in Uttar Pradesh, Haryana, Maharashtra, Jharkhand, and Delhi. Critics argue that the bill could exacerbate communal tensions and distract from broader governance issues.

Supporters of the bill, including some prominent Muslim leaders, have expressed approval for the proposed changes. They highlight that the amendments are designed to improve transparency, reduce corruption, and increase the income generated from Waqf properties. Recent legal developments, such as the Delhi High Court's ruling allowing physical inspections of Waqf properties and notices issued by the Urban Development Ministry, have intensified scrutiny of Waqf boards and their management practices.

The bill also draws attention to a specific case from September 2022, when the Tamil Nadu Waqf Board's claim over an entire village prompted concerns about potential overreach and land encroachment. This case, among others, has underscored the need for reform in the Waqf management system.

The Waqf Act has a complex legislative history, with the original act established in 1954 and subsequent amendments, including a major overhaul in 1995 under the PV Narasimha Rao government. The act aims to regulate 'Auqaf,' properties dedicated to religious and charitable purposes.

Despite amendments in 2013 to address previous shortcomings, the recent surge in Waqf property claims—rising from 4 lakh acres in 2009 to 8 lakh acres in 2024—has led the Ministry of Minority Affairs to review the powers of state Waqf boards.