Central Waqf Council: The Waqf Board has recently become a topic of heated discussion. There are reports that the Modi Government may soon introduce a bill in Parliament aimed at curbing the powers of the Waqf Board. Let’s delve into what the Waqf Board is and why the government is considering reducing its authority.
Central Waqf Council Formation and Evolution
1954: Inception of the Waqf Board The Waqf Board, a statutory body, was established in 1954. However, significant changes came in 1995 when the Waqf Board was endowed with extensive powers, making it the third largest landowner in India. The Congress government under PV Narasimha Rao expanded the Board’s authority through amendments to the Waqf Act of 1954.
1995: Enhanced Powers Under Waqf Act According to section 3(R) of the Waqf Act 1995, any property considered pure, religious, or charitable under Muslim law becomes Waqf property. Additionally, Article 40 of the Act gives the Waqf surveyor and the Waqf Board the authority to decide property ownership.
Purpose and Function of the Central Waqf Council:
Managing Muslim Community Properties The Waqf Board is responsible for managing properties belonging to the Muslim community. The term “Waqf” means “in the name of Allah,” referring to properties not owned by individuals or institutions. The Board has the authority to declare properties as Waqf, often leading to disputes over land ownership.
Provisions of the Waqf Act 1995
Burden of Proof on Property Owners The Waqf Act of 1995 places the burden of proof on the property owner to disprove Waqf claims. While the Act states that the Waqf Board cannot claim private property, the challenge lies in proving ownership, especially when many families lack proper documentation.
Criteria for Determining Waqf Property
Three Bases for Property Declaration The Waqf Board can declare property as Waqf based on three criteria: if the property has been transferred to Waqf, if a Muslim or Muslim organization has used the land for a long time, or if a survey proves it to be Waqf property. The Board has been criticized for expanding its claims, sometimes unjustly.
Extensive Powers of the Waqf Board
Limited Recourse for Disputed Claims The Waqf Board has substantial powers, including the ability to declare land as Waqf property without court intervention. Property owners must appeal to the Waqf Board and, if dissatisfied, to the Waqf Tribunal, whose decisions cannot be challenged in higher courts.
Government’s Leniency and Current Scenario
Government Policies Favoring Waqf There are currently 32 State Waqf Boards and a Central Waqf Board in India. Successive governments, including the Modi administration, have been lenient towards the Waqf Board. For instance, under Mukhtar Abbas Naqvi, a rule was established that the government would bear the costs of building schools and hospitals on Waqf land.
Significant Land Holdings The Waqf Board holds significant land assets, second only to the Defense and Railways. The number of properties managed by Waqf Boards has more than doubled in 13 years, with over 8 lakh acres of land under their control.
Examples of Alleged Arbitrary Claims
Case Study: Tiruchirapalli Village In Tamil Nadu, the Waqf Board claimed ownership of the entire Tiruchirapalli village, including a 1500-year-old temple. Such claims have been labeled as arbitrary and have caused public outcry.
Modi Government’s Response
Planned Reduction of Waqf Board Powers In response to growing concerns, the Modi government plans to introduce a bill to reduce the powers of the Waqf Board. This move is seen as crucial to prevent potential misuse of authority and ensure equitable land management.
