Context: Lok Sabha passes Waqf Bill after a long debate

Source: The Hindu

After a lengthy debate, the Lok Sabha passed the Waqf (Amendment) Bill on Wednesday well after midnight. The Home Minister assured the Muslim community that the new Bill would not affect their religious practices.

After a number of significant amendments proposed by the opposition were defeated by a vote split, the bill was approved. The Waqif (donor) and the Mutawalli (manager/administrator) of a Waqf must be members of the Muslim community. Non-Muslims have been included in a Waqf Board or Council for administrative purposes and that too to ensure that any donation is being used for the purpose it is meant for.

According to the current Waqf rule, which differs from the one from 2013, a person can only make a donation to Waqf if they have been a practicing Muslim for more than five years.

Model Question:

“Discuss the role and significance of Waqf Boards in India. What are the challenges faced by these boards, and what steps can be taken to improve their functioning?”

Model Answer:

Waqf refers to a permanent dedication of movable or immovable property for religious, charitable, or social welfare purposes under Islamic law. In India, Waqf Boards are statutory bodies responsible for the administration of Waqf properties. They function under the Waqf Act, 1995, which regulates their management.

Role and Significance of Waqf Boards

1. Management of Waqf Properties – Ensure proper utilization of Waqf lands and assets for community welfare.
2. Social Welfare Activities – Funds are used for education, healthcare, and poverty alleviation.
3. Preserving Religious and Cultural Heritage – Maintains mosques, dargahs, graveyards, and other religious institutions.
4. Dispute Resolution – Acts as a mediator in Waqf property disputes.
5. Preventing Encroachment – Protects Waqf lands from illegal occupation.

Challenges Faced by Waqf Boards

1. Encroachment & Misuse of Waqf Properties – Illegal occupation by private entities and even government agencies.
2. Corruption & Mismanagement – Lack of transparency and poor financial management.
3. Lack of Digitization – Many Waqf records are outdated, leading to disputes.
4. Political Interference – Governments often influence board appointments, affecting autonomy.
5. Financial Constraints – Insufficient revenue generation despite having vast land assets.

Steps to Improve Waqf Boards’ Functioning

1. Digitization of Waqf Properties – Full implementation of the Waqf Management System of India (WAMSI).
2. Strengthening Legal Framework – Amendments in the Waqf Act to ensure better governance.
3. Strict Anti-Encroachment Measures – Coordination with state governments to remove illegal occupations.
4. Capacity Building & Training – Skilled professionals should manage assets efficiently.
5. Independent Audits & Transparency – Regular audits to prevent corruption and mismanagement.

Waqf Boards play a crucial role in community welfare and heritage conservation, but their potential is hindered by corruption, mismanagement, and encroachments. Strengthening governance, technology-driven reforms, and greater transparency can ensure their effective functioning, ultimately benefiting society at large.