Opposition Mounts as Muslims Protest Changes to Property Laws in India
Several Muslim groups have voiced opposition to a proposed amendment to an existing law governing properties worth millions of dollars donated by Indian Muslims over centuries. These properties include mosques, madrassas, shelter homes, and thousands of acres of land known as waqf, which are managed by a board.
The new bill introduces more than 40 amendments to the current Waqf Act and was introduced in August but has been referred to a joint committee of MPs for discussion. On February 13th, the committee’s report on the bill was tabled in both houses of parliament amidst protests by opposition leaders who alleged that their notes of dissent had been deleted, though the federal government denies this claim.
If approved by both parliamentary chambers and signed into law by President Droupadi Murmu, these changes would become effective. The Modi-led Hindu nationalist government argues that the amendments are necessary to combat corruption in waqf management and address calls for reform from within the Muslim community.
However, several Muslim groups view these reforms as politically motivated and an attempt to weaken minority rights under a predominantly Hindu nation.
What is Waqf?
In Islamic tradition, a waqf is a charitable or religious donation made by Muslims for the benefit of the community. Unlike other properties, waqf cannot be sold or used for any purpose other than its intended use and belongs to God in perpetuity.
The vast majority of these properties are utilized for mosques, madrassas, graveyards, and orphanages; some are vacant or have been encroached upon. The tradition of waqf dates back centuries, with roots tracing to the Delhi Sultanate period under 12th-century Central Asian Muslim rulers.
The Waqf Act of 1995 mandates state-level boards that include nominees from various sectors: state governments, Muslim lawmakers, members of the bar council, Islamic scholars and managers of waqf properties. The government claims these boards are among India’s largest landholders. There are approximately 208,467 registered waqfs with a total area covering over one million hectares.
Challenges in Implementing Waqf Reforms
The current reform initiative faces several challenges due to the complex ownership histories of these long-standing community properties. The shift from Mughal governance, through British colonial rule, and into contemporary India’s legal framework has made tracing property rights an intricate task.
Additionally, many such properties lack formal documentation since they were donated orally or without proper records over decades or centuries ago. This ‘waqf by user’ category under the 1954 Waqf Act would no longer be recognized under the proposed new law, leaving these historically significant structures uncertain about their future.
Furthermore, the reforms mandate including non-Muslims on waqf boards to promote a secular approach. While some view this as positive for communal harmony, others perceive it through a political lens of majoritarian influence over Muslim institutions and lives.
The Proposed Changes
In addition to modifying board composition, other key changes include requiring boards to register their properties with district collectors who would assess the validity of waqf claims. Critics argue this will diminish the powers traditionally held by waqf boards.
Moreover, certain amendments aim at re-establishing several historically identified waqf properties, which could open avenues for encroachers to assert ownership. Muslim groups are apprehensive that these processes may threaten revered historical sites like dargahs and mosques.
Conclusion
The proposed Waqf reforms in India face significant opposition from within the community due to concerns over identity, control of property rights, and potential erosion of religious autonomy. While there is an acknowledgment that reform is necessary for transparency and governance improvements, many are advocating for a more sensitive approach keeping community interests intact.
