The Waqf Board Bill 2024: Reforming Transparency & Empowerment for Muslims

A New Era of Accountability and Efficiency for India’s Waqf Properties

The Waqf Board Bill 2024 stands as a landmark piece of legislation, poised to revolutionize the management of over 600,000 registered waqf properties across India. These assets, designated for religious and charitable purposes, are central to the socio-economic upliftment of millions of Indian Muslims. However, decades of inefficiency, corruption, and mismanagement have plagued the Waqf Boards, leading to the underutilization of these vast resources. The Waqf Board Bill 2024 presents a bold opportunity to reform the system, ensure transparency, and unlock the full potential of waqf assets for community development and welfare.

The Imperative for Reform

For years, India’s waqf system has grappled with systemic challenges. Despite controlling extensive land and financial resources, the Waqf Boards have failed to translate these into meaningful socio-economic benefits for the Muslim community. Poor record-keeping, encroachments, and a lack of oversight have hindered the effective management of waqf properties. As a result, critical areas like healthcare, education, and infrastructure development have suffered.

The Waqf Board Bill 2024 is designed to address these deep-rooted issues. It introduces a series of groundbreaking reforms that aim to strengthen transparency, accountability, and operational efficiency. By doing so, it holds the potential to reshape the waqf landscape, bringing tangible improvements to the lives of Indian Muslims.

Key Reforms in the Waqf Board Bill 2024

1. Digitization: A Catalyst for Transparency and Accessibility

A cornerstone of the new bill is the digitization of waqf records—a crucial step towards establishing transparency. For decades, the lack of a centralized and accessible database has allowed for the illegal occupation of properties and financial mismanagement. The bill mandates the creation of a comprehensive, publicly accessible digital registry of all waqf properties, thus ensuring real-time monitoring and minimizing corruption. This digital transformation will not only curb encroachments but will also empower the community by providing them with direct access to information regarding these assets.

The implications of this are profound. By having a transparent, digital system in place, the government can prevent fraudulent transfers, detect encroachments swiftly, and ensure the optimal use of waqf resources. Furthermore, the digitization of waqf records will open the door to modern financial instruments such as investments and development projects that can provide steady revenue for welfare activities.

2. Strengthening Oversight, Accountability, and Governance

Another vital feature of the Waqf Board Bill 2024 is the introduction of stricter auditing and oversight mechanisms. The bill proposes an annual, independent audit of all Waqf Board activities, with the results being made available to the public. This will ensure that the funds generated by waqf properties are being allocated efficiently and for their intended purposes.

In addition, the establishment of a Central Waqf Tribunal will play a critical role in accelerating the resolution of waqf-related disputes. Currently, the overwhelming backlog of unresolved cases has rendered the system ineffective. The proposed tribunal will expedite these cases and ensure that waqf assets are restored to their rightful purpose—community welfare.

3. Tackling Encroachments and Mismanagement

Encroachment on waqf properties has been a persistent and pervasive problem. Over the years, countless waqf lands have been illegally occupied by private individuals or organizations, often with the complicity of local officials. The new bill strengthens the legal framework to reclaim encroached properties and introduces severe penalties for those involved in the illegal occupation of waqf assets.

The recovery of these properties is essential for redirecting lost resources towards social welfare projects such as building healthcare centers, schools, and vocational training institutes—initiatives that directly impact the marginalized sections of the Muslim community.

4. Decentralization and Empowering Local Communities

A key element of the Waqf Board Bill 2024 is the decentralization of waqf management, allowing local communities to have a say in how waqf resources are utilized. In the past, a small, powerful group often monopolized the control of waqf assets, leading to gross inefficiencies and unequal distribution of resources. The bill proposes empowering local committees to oversee smaller waqf properties, fostering greater community participation and ensuring that resources are used equitably.

This move will democratize the waqf system, giving voice to those who have historically been excluded from decision-making processes. Furthermore, it will help bridge the gap between the Waqf Boards and the community they serve, leading to a more responsive and effective management structure.

Evidence of Mismanagement and Corruption

The need for reform becomes starkly clear when we examine the evidence of widespread corruption and mismanagement within the Waqf Boards:

4. Financial Mismanagement: Audits have consistently highlighted cases of financial misappropriation. A 2018 report from the Comptroller and Auditor General (CAG) found substantial discrepancies in waqf board accounts, with funds intended for community development either unaccounted for or diverted for unauthorized purposes.
5. Encroachment and Illegal Occupation: Investigations, such as a 2020 exposé by a national media outlet, have revealed that several prime waqf properties in major cities like Delhi and Mumbai have been illegally occupied for years, depriving the community of millions in potential revenue.
6. Ineffective Dispute Resolution: Thousands of waqf-related disputes remain unresolved, stalling the development of key properties. According to a 2021 report by the National Commission for Minorities, bureaucratic delays and inefficient legal frameworks are to blame for this backlog.
7. Monopolization of Resources: A 2019 parliamentary committee found that a small group of elites controlled the majority of waqf properties, reinforcing inequality and perpetuating the status quo of mismanagement.

Pending Cases Involving Waqf Boards

Pending cases involving Waqf Boards are primarily related to issues of encroachments, illegal occupations, disputes over ownership, and financial mismanagement. These cases often involve complex legal proceedings, with thousands of them awaiting resolution due to bureaucratic inefficiencies and an overwhelmed judiciary.

Some key points regarding pending cases:

4. Encroachment and Illegal Occupation: Waqf properties are often subject to illegal encroachments, both by private individuals and organizations. Many cases have been pending for years as the Waqf Boards struggle to reclaim these lands.
5. Ownership Disputes: Ownership conflicts between the Waqf Boards and private entities or individuals form a large proportion of the pending cases. These disputes, particularly over prime urban waqf lands, contribute to long delays in asset recovery and utilization.
6. Mismanagement and Corruption: Financial mismanagement cases, where Waqf Board officials have been accused of diverting funds or misallocating resources, remain unresolved in courts, contributing to the stagnation of community welfare projects.
7. Dispute Backlogs: According to reports by the National Commission for Minorities and other governmental bodies, there are thousands of unresolved waqf-related disputes, some dating back several decades. These delays have been caused by bureaucratic inefficiencies and the lack of a specialized legal framework for quick resolutions.

Here are some notable court cases, enquiries, and CAG (Comptroller and Auditor General) reports related to Waqf Board corruption, mismanagement, and irregularities:

1. Karnataka Waqf Board Land Scam (Court Cases & Enquiries)

Inquiry: In 2012, the Karnataka State Minorities Commission, chaired by Anwar Manippady, submitted a report that accused the Waqf Board of illegally transferring or misappropriating 27,000 acres of land. The scam was valued at around ₹2 lakh crores.

Court Cases: Following the report, several cases were filed in the Karnataka High Court. The High Court ordered investigations, and some cases are still pending regarding the illegal sale of Waqf land.

Enquiries: The Central Bureau of Investigation (CBI) and Lokayukta were also asked to investigate the scam. This resulted in legal action against some involved, but many cases are ongoing.

2. Delhi Waqf Board Case (2016)

Court Cases & Enquiries: The Delhi Waqf Board was embroiled in multiple cases of corruption and irregular appointments. The Anti-Corruption Branch (ACB) initiated a probe into the matter in 2016. The inquiry also examined illegal appointments made by the then-chairperson.

*High Court Involvement:* The Delhi High Court intervened, directing the board to follow due process in appointments and management of properties. Several legal battles have been fought over the control of the Delhi Waqf Board itself.

3. Maharashtra Waqf Board (2015)

CAG Report: A CAG report highlighted large-scale mismanagement of Waqf properties in Maharashtra. It found that thousands of acres of Waqf land had been illegally encroached or sold, causing losses to the board.

Court Cases & Enquiries: Following the CAG report, the state government ordered a probe into the allegations. The investigation revealed widespread illegal leasing of Waqf properties. Cases were filed against individuals involved in these deals, leading to prolonged legal proceedings.

4. Tamil Nadu Waqf Board (2014)

Enquiries: The Tamil Nadu government ordered an enquiry into Waqf land deals after allegations of mismanagement. The enquiry found that prime properties were illegally sold or leased out without following due process.

CAG Report: The CAG flagged issues in the functioning of the Tamil Nadu Waqf Board, pointing out significant discrepancies in property management and record-keeping.

5. Andhra Pradesh and Telangana Waqf Board (CAG Report & Enquiries)

CAG Report (2018): The CAG report of 2018 on Telangana Waqf properties revealed that there were irregularities in land records, including underreporting of land holdings and unauthorized occupation of Waqf properties. It mentioned the loss of land to encroachments and illegal sales.

Enquiries: The Andhra Pradesh and Telangana Waqf Boards were both under scrutiny after allegations that Waqf land was illegally transferred or leased out without following proper procedures. Enquiries were ordered by the state governments, and legal actions were taken to recover some of the lost land.

Court Cases: Several cases were filed in both states regarding the encroachment and illegal sale of Waqf properties.

6. West Bengal Waqf Board (CAG Report & Legal Disputes)

CAG Report (2017): A CAG report on West Bengal’s Waqf properties identified that about 52% of Waqf land records were either missing or incomplete. It also noted widespread mismanagement in terms of leasing out valuable Waqf land at nominal rates.

Court Cases: Several property disputes have been heard in Kolkata High Court, particularly related to the illegal transfer of Waqf properties and encroachment by private entities.

7. Rajasthan Waqf Board Cases

Court Cases: Rajasthan High Court has seen multiple cases related to illegal encroachments and sale of Waqf land. Allegations have been made against local Waqf Board officials for facilitating these illegal deals.

CAG Report: The CAG had pointed out issues of mismanagement in Waqf properties, especially relating to encroachment and illegal leasing.

8. Bihar Waqf Board (Court Cases & CAG Report)

CAG Report (2013): The CAG of India noted that the Bihar Waqf Board failed to maintain proper accounts for over 200 properties. It pointed out unauthorized leasing and sale of land that caused financial loss to the Waqf Board.

Court Cases: Following the CAG report, a series of PILs were filed in the Patna High Court demanding stricter regulation and recovery of Waqf land.

These cases and reports highlight the widespread nature of Waqf Board mismanagement and corruption across India. The CAG reports are particularly critical as they underscore not only financial mismanagement but also the systemic failure of the Waqf Boards to protect community assets from encroachment and illegal transfers. Many of these cases are still under investigation or are in the courts, with few high-profile convictions so far.

Global Approaches: Lessons from Turkey, Malaysia, and Beyond

The experiences of other countries offer valuable insights into waqf management reform. Turkey, for instance, has successfully integrated its waqf system into national development plans, while Malaysia has embraced corporate waqf models that allow properties to generate income for public welfare projects. Saudi Arabia, under its Vision 2030 initiative, has embarked on significant reforms aimed at modernizing waqf management, emphasizing transparency, digitization, and private sector involvement. India can draw upon these examples to optimize its waqf assets for public benefit.

The Path Forward: Ensuring Effective Implementation

The Waqf Board Bill 2024 is not just a reform initiative; it has the potential to be a transformative force for the Muslim community in India. However, its success depends on the government’s commitment to ensuring rigorous implementation. This includes training Waqf Board staff in modern management practices, utilizing technology for efficient record-keeping, and engaging with local communities to foster transparency and accountability.

Moreover, by focusing on key sectors like healthcare, education, and economic empowerment, this bill can pave the way for more inclusive development, providing marginalized Muslims with opportunities for growth and prosperity. Special attention should be given to programs that uplift women, youth, and those in poverty, ensuring that waqf resources are utilized to foster long-term socio-economic development.

The Waqf Board Bill 2024 proposes the establishment of a Central Waqf Tribunal specifically to expedite the resolution of these cases and clear the significant backlog, which has long hindered the proper management and development of waqf assets.

If implemented with integrity and care, the Waqf Board Bill 2024 could serve as a beacon of reform, unlocking the full potential of waqf assets to build a brighter and more equitable future for India’s Muslim community.

Written By

Dr. Shahid Akhtar, Acting Chairman, National Commission for Minority Educational Institutions (MCMEI)

&

Shahid Sayeed, Senior Journalist & Social Activist