Through centuries, Muslims of India, as elsewhere, have been dedicating their properties to Allah in perpetuity for charitable and religious purposes. They have been largely used for constructing and maintaining masjids, madrasas and graveyards and for the general welfare of the community, to be managed by mutawallis nominated by the waqifs. The auqaf cannot be alienated, exchanged, sold or gifted and have been protected by state laws and executive and judicial action to remove unlawful occupation, encroachments and misuse.
There are more than five million such auqaf. Apart from Uttar Pradesh (UP), West Bengal, Kerala, Andhra Pradesh and Karnataka with more than 150000 each, others are dispersed throughout the country. Unfortunately many waqf properties are also under unlawful occupation with connivance of mutawallis, sometimes by the Muslims themselves.
To manage waqfs all states have constituted state waqf boards with representation of Muslim organizations and intelligentsia. They receive 1/7 of net income from the auqaf. Waqf boards do not receive any financial grants from the government. The government has also constituted a Central Waqf Council but it has little executive power and is largely an advisory body.
The first Act on independence was passed in 1954, amended in 1995 to overcome failures of waqf management. Presently, a Joint Parliamentary Committee’s recommendations are before the Parliament in consultation with Muslim organizations. Because of long delay in civil proceedings to recover waqfs, state governments have appointed waqf tribunals but even their management is unsatisfactory.
Many waqf properties have been built over by private parties, some even taken by local governments and authorities. In 1975, Prime Minister Indira Gandhi directed the state governments to restore the waqf properties or to purchase them at the market value but with little impact. After long litigation, 123 ancient waqfs in Delhi have been ordered by court to be handed over to waqf board but it is awaiting implementation. There has been no all India complete survey of waqf properties. Presently available data are under computerization.
A major difficulty lies in non-availability of waqf documents, particularly relating to old Punjab and Delhi which went to Pakistan in 1947.
In most states the number of waqfs is very small. The Muslim population itself is concentrated in about nine states and the community is not politically powerful for organized effective action for their protection or maintenance. It is difficult for the community to struggle for the restoration of those properties which are in private hands. Power should be vested in the Central Council or a National Waqf Authority to supervise working of waqf boards to intervene when they are misused and unlawfully occupied. But in a huge country like India it is not possible for any central body to pursue them or undertake legal action without mobilizing energy of the local communities which are the primary beneficiaries. Even Muslim organizations of national eminence cannot do very much to protect and restore properties in every town or village. From time to time they hold state and national conferences and seminars and pass resolutions and submit representations to central and state governments for action. The problem is that under the constitution, waqfs are state subject and the central government cannot effectively protect them against local mafias and interests often supported by religious elements.
Private waqfs which were created for looking after welfare of Muslim families have been largely lost through succession and intentional squandering including sale or lease to private parties.
The estimated market value of waqf properties runs into billions but the total income is very meager. Without direct government support the income cannot be raised and utilized to fulfill the intent of the original wakifs and to for utilize surplus for massive investment in education and economic uplift of community. Some essential steps have been suggested. (1) Inclusion of all public waqfs in list of public premises so that encroachment can be removed by governments with summary procedures. Waqf tribunals in state capitals cannot produce results through civil proceedings.
(2) To raise the income, all public waqfs have to be exempted from rent and revenue legislation so that income from most urban Waqf properties lay on urban fringes which become extremely valuable may be increased.
(3) Compensation for Waqf’s lands abolished with Zamindari should be paid promptly by state government.
(4) Government should appoint senior officers on full time basis as executive officers. For boards with more than 1,000 waqf properties, the chief executive officers should have high rank comparable to district magistrates who can resist all political and official pressure are for three to five years so that they cannot be removed early.
(5) State waqf boards which presently don not have enough income to pay their staff should receive government grants for their staff and to take administrative and legal action.
(6) Tribunals should be manned by senior judges who should not be transferred at will.
(7) Ancient masjids acquired by Archeological Survey of India should be opened to local Muslims for offering prayers.
(8) Many governments have appointed commission of inquiry but their reports are gathering dust. Muslim legislators should press government to implement their recommendations.
(9) Above all, official district waqf committees should be created under Waqf Act for constant political action to recover lost waqf properties.
The Muslim community has faced many problems since independence, including insecurity of life, and loss of employment. It is slowly waking up and can play an affective role, at the district level, going right up to central level for restoration of waqf properties, whose surplus income can change the face of the community.
- The writer is a senior Indian diplomat, prominent Muslim politician and eminent columnist.
