Dr. Shahid Akhtar | Shahid Sayeed
The Waqf Board Bill 2024, recently introduced in Parliament, is set to bring about sweeping reforms to address the long-standing issues of mismanagement, corruption, and inefficiency in India’s waqf property management system. The bill, aimed at better governance and the transparent use of waqf assets, will impact over 600,000 registered waqf properties across the country. These properties, which are designated for religious and charitable purposes, play a crucial role in the socio-economic development of millions of Muslims in India.
For decades, the Waqf Boards in various states have been under scrutiny for their inability to efficiently manage the vast resources they control. The new legislation seeks to reform this system by improving transparency, strengthening accountability, and ensuring that waqf properties are effectively used to support community welfare, especially in the areas of healthcare, education, and infrastructure development.
The Urgency for Reform
The need for reform in waqf management has been evident for years. Despite controlling significant financial and land resources, the Waqf Boards have failed to channel these assets into meaningful socio-economic benefits for the Muslim community. A major issue plaguing the system is the poor record-keeping of waqf properties, which has led to widespread encroachments and illegal occupations.
Corruption within the system has further aggravated the problem, with funds meant for community development either being misappropriated or left unutilized. As a result, essential areas like education, healthcare, and infrastructure have suffered, leaving many waqf properties underdeveloped or misused. The Waqf Board Bill 2024 seeks to address these systemic problems by introducing a series of reforms aimed at promoting transparency and operational efficiency.
Key Reforms Proposed in the Waqf Board Bill 2024
1. Digitization for Transparency and Accessibility
One of the most significant reforms introduced in the Waqf Board Bill 2024 is the digitization of waqf records. The bill mandates the creation of a comprehensive digital registry of all waqf properties, which will be publicly accessible. This centralized digital database will allow real-time monitoring of waqf assets, minimizing the risk of illegal encroachments and ensuring transparency.
For decades, the lack of a proper record-keeping system has allowed corrupt practices to flourish, leading to the illegal transfer of properties and financial mismanagement. The new system will curb these practices by making all records publicly available. This digitization effort is also expected to open up opportunities for waqf assets to be utilized in modern financial instruments like development projects and investments, thereby generating steady revenue for welfare activities.
2. Enhanced Oversight and Accountability
The bill also focuses on improving governance and accountability. A key feature is the requirement for an annual independent audit of all Waqf Board activities. These audit results will be made publicly available, ensuring that the funds generated from waqf properties are being used for their intended purposes.
Additionally, the bill proposes the establishment of a Central Waqf Tribunal to resolve waqf-related disputes. The backlog of unresolved disputes over waqf properties has rendered the system ineffective, with thousands of cases languishing in courts for years. The creation of this tribunal will expedite dispute resolution and ensure that waqf assets are restored to their rightful purpose—serving the welfare of the community.
3. Combatting Encroachments and Recovering Waqf Properties
Illegal encroachments on waqf properties have long been a major problem. Private individuals, organizations, and even local officials have occupied waqf lands, often with impunity. The Waqf Board Bill 2024 strengthens the legal framework for reclaiming encroached properties and introduces severe penalties for those found guilty of illegal occupation.
The recovery of these properties is essential for redirecting lost resources towards social welfare initiatives like building healthcare centers, schools, and vocational training institutes. By reclaiming waqf properties that have been illegally occupied, the government aims to restore the integrity of the waqf system and ensure that these assets are used to benefit the community at large.
4. Decentralization and Community Empowerment
Another key reform in the bill is the decentralization of waqf management. The Waqf Board Bill 2024 seeks to give local communities greater control over smaller waqf properties. In the past, the management of waqf assets was often monopolized by a small, powerful group, leading to inefficiencies and unequal distribution of resources.
By empowering local committees to oversee smaller properties, the bill aims to promote greater community participation in the management of waqf resources. This move will democratize the waqf system and ensure that resources are used in a more equitable manner. It will also help bridge the gap between the Waqf Boards and the communities they serve, fostering a more responsive and accountable management structure.
Ongoing Challenges: Evidence of Mismanagement and Corruption
The need for reform becomes even more apparent when examining the widespread evidence of corruption and mismanagement within the Waqf Boards. Several audits and reports have highlighted the extent of these issues:
1. Financial Mismanagement
Audits have consistently pointed out cases of financial misappropriation. For instance, a 2018 report by the Comptroller and Auditor General (CAG) found significant discrepancies in the accounts of several Waqf Boards. Funds meant for community development were either unaccounted for or diverted for unauthorized purposes.
2. Encroachment and Illegal Occupation
Investigations have revealed that numerous waqf properties, particularly those in prime urban locations, have been illegally occupied. In cities like Delhi and Mumbai, waqf properties worth millions of rupees have been encroached upon, depriving the community of valuable resources that could have been used for welfare projects.
3. Inefficient Dispute Resolution
A large number of waqf-related disputes remain unresolved, stalling the development of key properties. Bureaucratic delays and an ineffective legal framework are often blamed for the backlog of cases, some of which have been pending for decades.
4. Monopolization of Resources
A 2019 parliamentary committee report highlighted the fact that a small group of elites controls a significant portion of waqf properties, perpetuating inequality and preventing the fair distribution of resources.
Pending Cases: Encroachments and Ownership Disputes
Pending cases involving waqf properties are primarily related to issues of encroachments, ownership disputes, and financial mismanagement. Thousands of these cases are still awaiting resolution due to bureaucratic inefficiencies and an overwhelmed judicial system. Some key issues include:
Encroachments: Many waqf properties have been illegally occupied, both by private individuals and organizations. Reclaiming these properties is a lengthy and difficult process, often delayed by legal battles.
Ownership Disputes: Ownership conflicts between the Waqf Boards and private entities are common, particularly over prime urban properties. These disputes often involve long legal proceedings, further delaying the proper utilization of waqf assets.
Financial Mismanagement: Cases of financial mismanagement and corruption, where funds meant for community welfare have been misused or misappropriated, are also a significant part of the pending cases.
The Waqf Board Bill 2024 addresses these challenges by proposing the establishment of a Central Waqf Tribunal to expedite dispute resolution and clear the backlog of cases.
Global Approaches: Learning from Turkey, Malaysia, and Saudi Arabia
Countries like Turkey, Malaysia, and Saudi Arabia have successfully implemented waqf reforms, providing valuable lessons for India. Turkey has integrated its waqf system into national development plans, while Malaysia has adopted a corporate waqf model that allows waqf properties to generate income for welfare projects. Saudi Arabia’s Vision 2030 initiative focuses on modernizing waqf management through transparency and private sector involvement.
India can draw from these international experiences to optimize its waqf assets and ensure that they are used for the benefit of the community.
Looking Ahead: Effective Implementation is Key
The Waqf Board Bill 2024 has the potential to be a transformative force for India’s Muslim community. However, its success hinges on effective implementation. The government must ensure that Waqf Board staff are trained in modern management practices, and the digital infrastructure needed for transparency and efficiency must be robust.
Moreover, by focusing on key areas such as healthcare, education, and economic empowerment, the bill can pave the way for more inclusive development. Special attention should be given to marginalized groups, including women, youth, and those in poverty, ensuring that waqf resources are used to foster long-term socio-economic growth.
If implemented properly, the Waqf Board Bill 2024 could unlock the full potential of waqf assets, creating a brighter future for India’s Muslim community.
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Written by:
Dr. Shahid Akhtar
Acting Chairman, National Commission for Minority Educational Institutions (MCMEI)
Shahid Sayeed
Senior Journalist & Social Activist
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