When India was partitioned along religious lines in 1947, millions of people hurriedly crossed the newly drawn borders in a bid to seek safety and security. This mass migration resulted in violence, displacement, and chaos.
However, leaders like Maulana Azad, through his reassuring speeches, including his famous address at Jama Masjid, provided some comfort to the Muslim population, slowing the pace of migration by giving them a sense of security in India. On the other hand, extremist groups like the Hindu Mahasabha engaged in widespread violence against Muslims, including killings, looting, and arson. As a result, many Muslims fled their homes, taking refuge in transit camps in Delhi. Once the violence subsided, properties left behind by Muslims who fled were labeled as “Evacuee Property” and were given to Hindu refugees arriving from the newly created Pakistan.
This history is crucial to understanding the contemporary debate over the Waqf Amendment Bill 2024, which has been proposed by the government under Prime Minister Narendra Modi. The Waqf Board, which is the third-largest landowner in India, has historically held and managed various properties for the Muslim community. These properties, such as the Bengaluru Idgah and lands near the Hyderabad airport, have always been a subject of dispute. The extensive ownership of Waqf lands has long attracted the ire of anti-Muslim groups, which have called for the government to either abolish the Waqf Board or take control of its properties.
The Waqf Amendment Bill 2024: A Controversial Move
In 2024, the Narendra Modi-led government introduced the Waqf Amendment Bill, sparking significant opposition from the Muslim community. The Waqf Board, which is the third-largest landowner in India, holds significant properties that are religiously endowed for the welfare of the Muslim community. These lands include high-profile properties like the Bengaluru Idgah and vast tracts of land around Hyderabad’s airport. Over the years, these properties have increasingly come under the scrutiny of anti-Muslim groups and right-wing organizations, which have called for the dismantling or takeover of the Waqf Board.
The Waqf Amendment Bill claims to improve the efficiency and management of Waqf properties, but critics argue that it serves as a tool for political and ideological control. The most contentious aspect of the bill is the inclusion of non-Muslims in the Waqf Council, which has traditionally been composed of Muslims due to the religious nature of the institution. Muslim organizations, such as the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulema-e-Hind, have voiced strong opposition to this provision, viewing it as a violation of the autonomy and religious rights of the Muslim community.
Shift of Power to State Collectors
The bill also proposes a shift in authority over Waqf properties from the Waqf Board to state collectors, granting them more power in deciding the management of these properties. Traditionally, Waqf Boards have had the authority to appoint Survey Commissioners and make decisions regarding the management and use of Waqf properties. However, the proposed amendments would give state collectors more control, reducing the autonomy of the Waqf Board.
This shift in power is seen as a move to weaken the Waqf Board and increase government oversight over Muslim religious endowments. Muslim leaders argue that this could lead to the further expropriation of Waqf lands, particularly in light of historical encroachments on Waqf properties, which have already diminished the Board’s holdings over time.
Historical Context of Waqf Land Encroachments
The Waqf Board is the third-largest landowner in India, but its holdings have been significantly reduced due to widespread encroachments. For example, an RTI filed by Kashmiri activist MM Shuja revealed that over 1,400 kanals of Waqf land in Jammu and Kashmir have been illegally occupied. Similarly, in Hyderabad, it is reported that over 75% of Waqf land has been encroached upon, with the Waqf Board retaining control over less than 25% of its original land holdings.
The government’s increased control over Waqf properties through the amendment bill raises fears that these lands, which have already faced significant encroachment, will be further expropriated or mismanaged. In response to a question in Parliament in 2019, the government revealed that approximately 17,000 Waqf properties were under encroachment across India. Despite assurances from the government, including statements from Prime Minister Modi that the Waqf Board would be protected from illegal land grabs, Muslim organizations remain skeptical, viewing the amendment as a potential tool for state control over Waqf assets.
Violation of Religious Rights
Many Muslim organizations, including the All India Muslim Personal Law Board (AIMPLB), have termed the Waqf Amendment Bill 2024 as a violation of religious rights. They argue that Waqf properties are inherently religious, and their management should be governed by Islamic principles. Any attempt to dilute the religious character of Waqf by including non-Muslims in its administration or shifting control to state-appointed officials is viewed as a direct affront to the religious autonomy of the Muslim community.
Political Motivations and Hindutva Agenda
Critics of the bill argue that it is part of a broader agenda to marginalize Muslims in India and assert greater state control over Muslim institutions. Hindutva groups like the Vishwa Hindu Parishad (VHP) and Bajrang Dal have long called for the dissolution of the Waqf Board, viewing its extensive land holdings as a source of resentment. These groups have often argued that Waqf properties should be redistributed or repurposed, fueling tensions around religious endowments and property rights.
The bill’s provisions, particularly the inclusion of non-Muslims in Waqf administration, are seen by many as a political move to weaken Muslim influence in the management of their religious affairs. Right-wing organizations have historically targeted Waqf properties, and the proposed amendments are viewed as an extension of this agenda.
The Waqf Amendment Bill 2024 is deeply controversial because it challenges the autonomy and religious rights of the Muslim community in India. By allowing non-Muslims to participate in Waqf Councils, appointing non-Muslim CEOs, and shifting power to state collectors, the bill is seen as a direct interference in the administration of Muslim religious endowments. With a long history of encroachment on Waqf lands and ongoing tensions over property rights, the amendment has sparked significant opposition from Muslim leaders and organizations. They argue that the bill is not only a violation of religious rights but also a tool for political control over Muslim assets in India.