The Waqf (Amendment) Bill-2024: A band-aid for a deep wound or a step towards ruin?Dr M A Mufazzal

The Waqf (Amendment) Bill, 2024 has recently been handed over to the Joint Parliamentary Committee (JPC) following fierce opposition. This move is widely interpreted as a way to shelve the matter temporarily, potentially diluting the urgency of the issue. Historically, such committees have often been formed to deflect attention, and their recommendations have rarely been implemented with seriousness.

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

Since then, several JPCs have been constituted to examine various issues, ranging from financial scams to policy matters. However, a recurring theme with these committees has been the non-implementation of their recommendations. These committees often generate detailed reports after months of deliberation, but their findings are seldom acted upon with the seriousness they deserve. The lack of constitutional obligation for the government to implement JPC recommendations has rendered many of these committees’ efforts fruitless. As a result, JPCs are often seen as a tool for defusing political pressure rather than as a genuine means of resolving issues.

The current JPC formed to examine the Waqf Board Bill 2024 may face a similar fate. While the inclusion of notable Muslim leaders like Asaduddin Owaisi might suggest a balanced and thorough review, the track record of previous JPCs raises concerns about the eventual impact of its findings. If history is any guide, there is a significant risk that the recommendations of this JPC could 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 most significant efforts to address these issues was the Sachar Committee, formed in 2005 to examine the socio-economic conditions of Muslims in India. The committee’s findings were 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, yet these assets were generating 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 income of ₹12,000 crore annually, which could be used to address various socio-economic challenges faced by the Muslim community.

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

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

The failure to implement the Sachar Committee’s recommendations and the stalling of NAWADCO highlight the chronic issues of neglect and mismanagement within the Waqf system. These missed opportunities have allowed the Waqf mafia culture to persist, undermining efforts to reclaim and utilize Waqf assets for the community’s benefit.

It is also important to highlight that the government’s decision to introduce the Waqf Board Bill 2024 was driven 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 eroded the trust and integrity of the institution. Their actions have led to the illegal sale of Waqf properties, the mismanagement of assets, and the diversion of resources meant for the welfare of the Muslim community. The extent of their influence has not only undermined the Waqf Board’s ability to fulfill its mandate but has also tarnished its reputation.

However, the government’s response—a new legislative enactment—appears to be a misguided attempt at solving the problem. While the intention to curb the corruption fostered by these Waqf mafias is valid, the enactment itself is flawed, raising concerns about the government’s true intentions. Instead of empowering the Waqf Board to reform from within and regain its autonomy, the bill could potentially increase governmental control, threatening the very independence necessary for meaningful reform. By proposing a solution that could further centralize power and diminish the board’s autonomy, the government risks exacerbating the very issues it seeks to resolve.

This unfortunate scenario has been made possible by none other than the Waqf mafias themselves. Their relentless pursuit of self-interest over the welfare of the community has provided the government with 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 enactment, fueled by bad intentions and misguided by the mafias’ actions, represents a critical juncture for the Waqf Board—one that could either lead to its revitalization or its irreversible decline.

As the debate around the Waqf Board Bill 2024 intensifies, several pressing questions emerge about the future functioning of the Waqf Board, regardless of the bill’s outcome. First and foremost, can the Waqf Board truly reform from within, or will it continue to be plagued by the same inefficiencies and corruption that have long hindered its ability to serve the Muslim community? Given the deep-rooted influence of Waqf mafias, who have for years manipulated the system for personal gain, is there any real possibility of dismantling their grip on the institution without significant internal reform?

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

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

These questions cast a shadow over the future of the Waqf Board, even if the proposed legislation fails to pass. The real challenge lies not just in halting a potentially damaging enactment but in ensuring that the Waqf Board undergoes the necessary reforms to fulfill its intended role. Without these reforms, the Waqf Board could continue to languish, failing to realize its potential as a powerful tool for social and economic upliftment within the Muslim community.

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