9 in 10 citizens surveyed express support towards the bill to amend the Waqf Act

Sep 12, 2024, New Delhi: Many think tanks have been holding group discussions over the proposed Waqf (Amendment) Bill, 2024, which seeks to bring around 40 amendments to the existing Waqf Act, 1995, and has been referred to a Joint Parliamentary Committee after an intense debate in Lok Sabha. The new changes in Waqf Act, 1995, which was last amended in 2013, is being sought in view of the continuous demands and representations made by common Muslims to make regulation of Waqf properties by the Waqf boards more transparent and efficient, Union Minority Affairs Minister Kiren Rijiju told media."For a long time, there have been continuous demands and representations from the poor and common Muslims, including women, to make Waqf properties more transparent and efficient," Rijiju stated.

A Waqf board is a legal entity with nominated members to manage Waqf properties, given for charitable causes through a proper deed. Currently, 32 Waqf boards function across India, each overseeing properties within their respective state or Union territory. The Waqf boards together are estimated to administer third largest parcels of land/ properties in the country after the Indian Railways and Defence.

The amendments seek to make it mandatory for Waqf boards to register their properties with district collectors to ensure their actual valuation. The amendments also seek to ensure that the Waqf properties are administered in a more transparent and efficient manner with the participation of common Muslims. According to media reports, the revenue generated by all the Waqf properties is estimated to be around INR 200 crore per annum.

Many of the properties claimed to belong to the Waqf are under dispute. Currently, a property can be considered as a Waqf, even if its original declaration is suspect or disputed as in the past there was provision under Islamic law allowing oral dedication of a property. This however changed once documentation (Waqfnama) became the standard norm. The new bill seeks to make a valid Waqfnama mandatory in cases of dispute over any property claimed to be Waqf. Further, the disputed property will no longer be allowed to be used till the final decision is made. It is proposed that the District Collector will have a say in the decision-making process on the use of the land/properties registered as Waqf and in matters related to dispute settlement.

“The proposed amendments have become a political issue with the Opposition parties alleging that the proposals aim to deprive the Muslim community of their land, assets and the “freedom to manage religious affairs” guaranteed under Article 26 of the Indian Constitution. The government has however argued that the demand to regulate Waqf boards has come from the Muslim community itself. The Joint Parliamentary Committee (JPC) has invited public opinion even as it has started the process for wider consultation.

With many citizens airing their views on LocalCircles and other social media platforms, LocalCircles has conducted a national survey seeking citizen pulse views on the subject. The survey received over 47,000 responses from citizens located in 388 districts of India. 69% respondents were men while 31% respondents were women. 43% respondents were from tier 1, 26% from tier 2 and 31% respondents were from tier 3, 4, 5 and rural districts.

91% citizens surveyed express support for the proposed amendments in the Waqf Act to make working of Waqf Boards more transparent with the participation of common Muslims

A Waqf board is a legal entity with nominated members to take possession and manage Waqf properties. The government has proposed a bill in the parliament (being examined by a Joint Parliamentary Committee) to amend the Waqf Act for more transparent working of Waqf boards with the participation of common Muslims. Giving this background, the survey asked respondents, “Would you support such a bill that brings transparency in Waqf board workings?” The question received 15,951 responses with 91% stating “yes, absolutely” while 8% of respondents stated “no, not at all” and 1% of respondents did not give a clear response. In essence, 91% of citizens surveyed express support for the proposed amendments in the Waqf Act to make working of Waqf Boards more transparent with the participation of common Muslims.

96% citizens surveyed want the Waqf act to be amended such that the Waqf boards must mandatorily register the Waqf properties with district collectors and want them to have a say in the use of the properties

Many instances of dispute have been reported over properties claimed by Waqf. Also, there are reports of their alleged misuse for purposes of making money overlooking charitable causes. The survey next asked citizens, “Waqf boards are reported to control many properties in cities, towns and villages. The new bill brought in by the government requires Waqf boards to mandatorily register their properties with the district collectors, who would be given a say in the use of the properties. Do you agree with such a change?” The question received 15,850 responses with 96% stating “yes, absolutely” and just 4% stating “no, not at all”. In essence, 96% citizens surveyed want the Waqf Act to be amended such that the Waqf boards must mandatorily register the Waqf properties with district collectors and want them to have a say in the use of the properties.

93% citizens surveyed want the Waqf Act to be amended such that the process for resolving property disputes goes through the district courts, high courts and Supreme Court instead of the Waqf tribunal

Many property disputes in courts across the country, including the Supreme Court, involve Waqf boards or their members. These are apart from the innumerable cases before the Waqf tribunal. The survey next asked citizens, “Waqf boards are involved in in many property disputes including some within the Muslim communities across the country. Should the process for resolving property disputes continue to rest only with the Waqf tribunals or should they go through the district courts, high courts and Supreme Court?” The question received 15,348 responses out of which 93% stated “yes, matters of property disputes related to Waqf should go through the regular court system like all other matters”; 6% respondents stated “no, matters of property disputes related to Waqf should go through the Waqf tribunal only” and 1% of respondents did not give a clear answer. In essence, 93% of citizens surveyed want the Waqf Act to be amended such that the process for resolving property disputes goes through the district courts, high courts and Supreme Court instead of the Waqf tribunal.

In summary, 9 in 10 citizens surveyed are in support of the government move to amend the Waqf Act for more transparent working of Waqf Boards with the participation of common Muslims. In fact, 96% of citizens surveyed want the Waqf Act to be amended such that the Waqf boards must mandatorily register the Waqf properties with the district collectors and want them to have a say in the use of the Waqf properties. Further, 93% of citizens surveyed want the Waqf Act to be amended such that the process for resolving property disputes goes through the district courts, high courts and Supreme Court instead of the Waqf tribunal.

Even as the proposed amendments in the Waqf Act faces political opposition, LocalCircles hopes that views of citizens surveyed will contribute to and find a voice in the final report of the JPC.

Survey Demographics

The survey received over 47,000 responses from citizens located in 388 districts of India. 69% respondents were men while 31% respondents were women. 43% respondents were from tier 1, 26% from tier 2 and 31% respondents were from tier 3, 4, 5 and rural districts. The survey was conducted via LocalCircles platform, and all participants were validated citizens who had to be registered with LocalCircles to participate in this survey.