The Waqf (Amendment) Bill 2024: A Band-Aid on the Wound or a Step Towards Doom?

By Dr. MA Mufazzal

The Waqf (Amendment) Bill, 2024 was recently moved to the Joint Parliamentary Committee (JPC) after stiff opposition. This move is widely interpreted as a way to temporarily shelve the issue, potentially diluting the urgency of the issue. Historically, such committees have often been formed to divert attention, and their recommendations have rarely been implemented seriously.

Joint Parliamentary Committees (JPCs) have a long history in India, with their formation often seen as a mechanism to address contentious issues by involving a broad spectrum of parliamentarians. The first significant JPC was formed in 1987 in response to the Bofors scandal, a major political controversy involving allegations of corruption in defence procurement. The JPC was tasked with investigating the issue and making recommendations for action. However, despite the committee’s extensive efforts, its recommendations were largely ignored, leading to widespread disillusionment about the effectiveness of such committees.

Since then, several JPCs have been established to investigate various issues ranging from financial scams to policy matters. However, a recurring theme among these committees is the failure to implement their recommendations. These committees often generate detailed reports after months of deliberation, but their findings are rarely taken seriously. The lack of a constitutional obligation for the government to implement JPC recommendations has rendered the efforts of many of these committees fruitless. As a result, JPCs are often seen as a tool to reduce political pressure rather than a genuine means to solve problems.

The current JPC formed to scrutinize the Waqf Board Bill 2024 may suffer a similar fate. While the inclusion of notable Muslim leaders such as Asaduddin Owaisi might suggest a balanced and thorough assessment, the track record of previous JPCs raises concerns about the ultimate impact of the findings. If history is any guide, there is a significant risk that the recommendations of this JPC will be relegated to the archives, with little to no practical implementation.

It is worth noting that the Waqf system in India has been the subject of several reform initiatives, particularly following the revelations of widespread mismanagement and corruption. One of the major efforts to address these issues was the Sachar Committee, which was set up in 2005 to study the socio-economic conditions of Muslims in India. The findings of the committee came as a wake-up call, highlighting the deplorable state of Waqf properties. The Sachar Committee report revealed that India has over 4.9 lakh Waqf properties, but these assets generated an annual income of only ₹163 crore – a fraction of their potential. The report estimated that if these properties were properly managed and developed, they could generate an annual income of ₹12,000 crore, which could be used to address various socio-economic challenges faced by the Muslim community.

In response to the recommendations of the Sachar Committee, the government established the National Waqf Development Corporation Limited (NAWADCO) in 2014. NAWADCO was envisioned as a central public sector undertaking under the Ministry of Minority Affairs, with a mandate to develop waqf properties for the welfare of the community, particularly for Muslims. The corporation was expected to work with state waqf boards and mutawallis (trustees) to ensure that waqf assets were effectively utilized for the benefit of the community. This initiative showed promise and provided a structured approach to transform waqf properties from underutilized assets into powerful tools for social and economic development.

However, NAWADCO’s potential was never fully realized. With the change of government in 2014, the initiative was effectively halted, leaving the reform process incomplete. The vision of transforming waqf properties into engines of economic growth and social upliftment was shelved as NAWADCO remained largely non-functional. This halt in progress was a significant setback not only for the management of waqf properties but also for the broader goal of addressing the socio-economic inequalities faced by Muslims in India.

The failure to implement the Sachar Committee’s recommendations and the failure of NAWADCO to act highlight the chronic problems of neglect and mismanagement within the Waqf system. These missed opportunities have perpetuated the Waqf mafia culture, undermining efforts to reclaim Waqf assets and use them for the benefit of the community.

It is also important to highlight that the government’s decision to introduce the Waqf Board Bill 2024 was motivated by a legitimate concern: the pervasive corruption and exploitation within the Waqf system, orchestrated by powerful Waqf mafias. These mafias, entrenched in high positions within the Waqf Board, have systematically undermined the trust and integrity of the institution. Their actions have led to the illegal sale of Waqf properties, mismanagement of assets, and diversion of funds meant for the welfare of the Muslim community. The extent of their influence has not only undermined the Waqf Board’s ability to fulfil its mandate but has also tarnished its reputation.

However, the government’s response, a new amendment to the law, appears to be a misguided attempt to solve the problem. While the intention to curb the corruption fueled by these Waqf mafias is valid, the law itself is flawed and raises concerns about the government’s true intentions. Rather than giving the Waqf Board the power to reform from within and regain its autonomy, the bill could potentially increase government control, thereby jeopardizing the very independence needed for meaningful reform. By proposing a solution that could further centralize power and diminish the board’s autonomy, the government risks exacerbating the very problems it seeks to solve.

This unfortunate scenario has been made possible by none other than the Waqf mafia itself. Their ruthless pursuit of self-interest over the welfare of the community has given the government the perfect pretext to intervene. In this way, the mafias have not only corrupted the Waqf system from within, but have also opened the door to external interference, which could ultimately weaken the institution further. The government’s proclamation, fueled by ill-intentions and misled by the mafias’ actions, represents a critical moment for the Waqf administration – one that could either lead to its revival or its irreversible decline.

As the debate over the Waqf Board Bill 2024 intensifies, several pressing questions arise about the future functioning of the Waqf Board, irrespective of the outcome of the bill. Firstly, can the Waqf Board truly reform from within, or will it continue to be plagued by the same inefficiencies and corruption that have long hampered it in serving the Muslim community? Given the entrenched influence of Waqf mafias, who have manipulated the system for personal gain for years, is there a realistic possibility of dismantling their hold on the institution without significant internal reforms?

Even if the proposed bill is halted or dismantled, would the functioning of the Waqf Board be better than before? Can we expect an increase in the revenue generated from Waqf properties, and will those funds be used effectively and transparently for the benefit of the community? Or will the same patterns of mismanagement and lack of accountability persist, allowing corrupt elements to continue exploiting these valuable resources?

Furthermore, what guarantees do we have that the mafia culture within the Waqf system will be curtailed? Without a comprehensive internal overhaul, Waqf governance risks remaining a breeding ground for corruption, where powerful individuals continue to prioritize their own interests over the needs of the wider community. Will there be a meaningful increase in transparency and accountability, or will the same actors continue to undermine the trust and integrity of the institution?

These questions cast a shadow over the future of the Waqf Board, even if the proposed legislation is not passed. The real challenge lies not only in stopping a potentially damaging law, but also in ensuring that the Waqf Board undergoes the necessary reforms to fulfil its intended role. Without these reforms, the Waqf Board may continue to languish, failing to realise its potential as a powerful instrument for social and economic upliftment within the Muslim community.