Indian Muslims object to proposed amendments to property legislation

A plan to modify a long-standing statute, which oversees assets valued at millions of dollars contributed by Indian Muslims across centuries, has sparked demonstrations nationwide. These assets, encompassing mosques, religious schools (madrassas), refuge centers, and extensive tracts of land, are known as waqf and are administered by a dedicated board. The proposed legislation, which incorporates over 40 revisions to the current statute, was anticipated for introduction during the ongoing parliamentary session, following the integration of modifications proposed by a joint committee of Members of Parliament. However, this committee is now poised to request an extension for presenting its findings. The administration of Prime Minister Narendra Modi asserts that the suggested alterations are essential for eradicating corruption in the administration of these properties and for responding to calls for reform originating from the Muslim community. Conversely, numerous Muslim organizations and opposition political factions have labeled these modifications as politically driven and an effort by Modi’s Hindu nationalist party to diminish the entitlements of minority groups. The draft law was initially presented in parliament in August before being referred to a joint parliamentary committee for its advice. Within Islamic custom, a waqf represents a philanthropic or spiritual endowment established by Muslims for communal welfare. These assets are not permissible for sale or alternative utilization, signifying that waqf properties are considered to belong to God. A substantial portion of these holdings serves as mosques, madrassas, cemeteries, and orphanages, while numerous others stand unoccupied or have been illegally occupied. The practice of waqf in India originates from the Delhi Sultanate period in the 12th Century, coinciding with the arrival of early Muslim rulers from Central Asia in the country. These assets are currently regulated by the Waqf Act, 1995, which prescribed the establishment of state-level boards. These boards comprise representatives from the state government, Muslim legislators, members of the state bar council, Islamic academics, and administrators of waqf properties. The government states that the waqf boards rank among India’s most significant landholders. A minimum of 872,351 waqf properties exist throughout India, covering over 940,000 acres, with an approximate valuation of 1.2 trillion rupees ($14.22bn; £11.26bn). Muslim organizations acknowledge that corruption poses a substantial problem within waqf boards, with members repeatedly accused of conspiring with illegal occupants to dispose of waqf land. However, critics also contend that a considerable quantity of these properties has been encroached upon by private citizens, commercial entities, and governmental agencies, a situation that similarly demands prompt action. A 2006 report presented by the Justice Sachar Committee, established by the preceding Congress party-led government to evaluate the socioeconomic status of Muslims in India, had advocated for waqf reform. This recommendation stemmed from its finding that revenues generated by the boards were meager relative to the extensive portfolio of properties under their administration. The committee projected that optimized utilization of the land could yield an annual income of approximately 120bn rupees (1.4bn; £1.1bn). Current annual revenue, by some calculations, stands at roughly 2bn rupees. The committee further observed that “encroachments by the State, who is the custodian of the Wakf interests, is common,” detailing hundreds of cases of such “unauthorised occupation” of waqf land by governmental bodies. Government statistics indicate that a minimum of 58,889 waqf properties are presently subject to encroachment, with over 13,000 involved in legal disputes. The condition of more than 435,000 properties is still undetermined. The government asserts that the proposed amendments aim to resolve these problems and further the suggestions put forth by the Sachar Committee. Kiren Rijiju, the parliamentary affairs minister, informed The Times of India newspaper that these reforms were also imperative because only a privileged segment of the Muslim community oversaw these properties. Nevertheless, numerous Muslims regard the suggested modifications with distrust. A particularly disputed element of the legislation involves alterations to ownership regulations, which would affect historic mosques, Sufi shrines (dargahs), and cemeteries administered by the board. A significant number of these properties, utilized by Muslims for generations, lack official paperwork because they were gifted verbally or without formal legal records decades or centuries prior. The Waqf Act of 1954 acknowledged such properties under the classification of “waqf by user,” yet the envisioned legislation excludes this clause, thereby rendering the future of a substantial portion of these properties ambiguous. Professor Mujibur Rehman, who authored Shikwa-e-Hind: The Political Future of Indian Muslims, clarifies that establishing the ownership history of such enduring communal properties is intricate, given that their administrative and title systems have evolved across centuries, transitioning from the Mughal framework to the British colonial system, and subsequently to the present structure. “You can trace personal properties up to a few generations, but tracing community properties is more difficult, as their management keeps changing over time,” states Prof Rehman. Concerns are also raised that the new bill might fail to resolve the community’s issues, potentially diminishing the involvement of Muslims in overseeing waqf properties. This apprehension stems from the proposed modifications, which involve adjustments to the structure of waqf boards, mandating the inclusion of non-Muslim members. While some concur that a universal statute requiring individuals of all faiths to serve on boards managing religious institutions is not inherently flawed, as it could foster more secular procedures, Prof Rehman suggests that the present initiative seems to endorse majoritarian politics. He states, “There seems to be an attempt not only to get the state’s control over Muslims’ properties, but also of Hindu community over Muslim community’s lives.” Another significant alteration is the compulsory stipulation for boards to register their holdings with district collectors, who would then advise the government on the legitimacy of the waqf’s assertion of ownership over a property. Opponents argue that this measure will diminish the authority of the waqf boards. Asaduddin Owaisi, a notable Muslim Member of Parliament, claims that these amendments are designed to dispossess Muslims of their land. The existing legislation obliges state governments to designate a survey commissioner responsible for identifying waqf properties and subsequently compiling a register. This register is then forwarded to the state government, which releases a legally required announcement. Should it remain uncontested for a year, the property’s definitive status becomes waqf. However, certain proposed changes would necessitate the re-verification of the status of numerous waqf properties. “Many have illegally encroached upon waqfs. This means they will get a chance to claim that the property is theirs,” Owaisi recently informed journalists. Muslim organizations contend that this procedure will endanger numerous historic Sufi shrines (dargahs) and mosques (masjids). They assert that while reform is necessary, it must consider the community’s sensibilities and concerns. “The diagnosis may be correct,” Prof Rehman remarks, “but the treatment is not.” Copyright 2024 BBC. All rights reserved. The BBC bears no responsibility for the material found on external websites. Information regarding our policy on external links is available.