With Parliament passing the Waqf (Amendment) Bill with comfortable majorities in both the Lok Sabha and Rajya Sabha, data compiled by the Ministry of Minority Affairs shows that of the total 8.8 lakh Waqf assets spread out across 30 states and Union Territories, more than 73,000 are under dispute and could be impacted by new provisions under the Bill. A Waqf is a personal property set aside by Muslims for a specific purpose – religious, charitable, or for private purposes. While the beneficiaries of the property can be different, the ownership of the property is implied to be with God. The Waqf Assets Management System Of India (WAMSI) database, maintained by the Central government, keeps a record of all Waqf properties, their types, management and current status. As per this database, there are 8.8 lakh Waqf properties – at 2.4 lakh, Uttar Pradesh has by far the most Waqf assets across its Sunni and Shia boards. After UP, West Bengal (80,480), Punjab (75,511), Tamil Nadu (66,092), and Karnataka (65,242) have the most Waqf properties. Bihar is the only state besides UP that has separate Sunni and Shia boards; all other states have unified Waqf boards. At 6.2 lakh, more than two-thirds of all Waqf properties are graveyards, agricultural land, mosques, shops or houses. Graveyards alone account for 17.3% of all Waqf properties. Agricultural land and mosques are the next biggest groups at 16% and 14%, respectively. Amid criticism from the Opposition, the NDA government had last year referred the Bill to a Joint Committee of Parliament, which accepted 14 amendments proposed by NDA MPs and rejected all 44 suggested by the Opposition. The Bill alters the way Waqf properties are governed and regulated, including changing the composition of state Waqf boards, and the role of the state government in dispute resolution. How many Waqf properties are disputed? As per the WAMSI database, properties categorised as encroached, under litigation or alienated are currently involved in disputes. Properties under litigation are of two types – external litigation involving civil suits pertaining to individuals, or internal litigation involving disputes within a Waqf board. Alienated properties are those involved in “illegal” transfers by the owners and subject to civil suits. Encroached properties are those that the government may claim are built on its land and thus open to dispute resolution by a tribunal or, under the proposed Bill, by a tribunal comprising a District Judge and a state government officer of Joint Secretary rank. The Babri Masjid in Ayodhya, which was the subject of a long-running legal case after it was demolished in 1992, was among the most prominent waqf properties in India. The dispute over the site, where there is now a Ram Temple, was first heard by local courts before ultimately being decided by the Supreme Court in 2019. Among the states, Punjab, West Bengal, Uttar Pradesh, Madhya Pradesh, and Andhra Pradesh have the most disputed properties. As per the WAMSI database, 56.5% of Punjab’s 75,511 waqf properties are considered “encroached”, the highest in the country. However, though UP has the most waqf properties in India, only 3,044 are under dispute. West Bengal’s 3,742 disputed waqf properties make up the largest number after Punjab, but at a distant second.
