Waqf boards were being managed terribly: Zafar Sareshwala

In the video featured above, social worker Zafar Sareshwala tells Bhupendra Chaubey he has been complaining about serious issues in waqf boards across India for ages. Several committees and reports have examined the state of waqf boards, highlighting systemic issues that led to formal complaints.

Let's find out how truthfully Sareshwala has represented the case of waqf.

History of waqf in India

The concept of waqf in India dates back to the 14th century, as mentioned in the book "Insha-i-Mahru" by Aynul Mulk ibn Mahru. This concept was followed by the mandate of Prophet Muhammad. One of the earliest recorded instances of waqf in India was when Muhammad of Ghor dedicated two villages to a congregational mosque in Multan, with the Shaykh al-Islām overseeing its administration. As the Delhi Sultanate flourished, more waqf were established.

Waqf Act and categories

The Indian government enacted the Waqf Act in 1954, which was later updated in 1995. According to this act, waqf are categorised into three types:

1. Waqf by user: Examples include graveyards, musafirkhanas (sarai) and chowltries.
2. Waqf under mashrutul-khidmat: Examples include khazi service, nirkhi service, pesh imam service and khateeb service.
3. Waqf alal-aulad: Dedicated by the donor (waqif, also meaning "he who knows") for the benefit of their family and kin or purposes recognized by Muslim law as pious, religious or charitable.

Administration and management

The Union government directed state governments to implement the Waqf Act to administer waqf institutions, such as mosques, dargahs, hussainiyas, graveyards, takhiyas, eidgah, anjumans and other religious and charitable institutions. A statutory body under the Union government oversees state waqf boards, which work towards managing, regulating, and protecting waqf properties.

Recent developments and concerns

In 2006, the Sachar Committee reported approximately 5 lakh registered waqf properties in India, covering 6 lakh acres of land with a book value of Rs. 60 billion. However, concerns have been raised about the management of waqf properties, including claims of unlawful occupation. In 2024, 600 Kerala Christian families flagged concerns about the waqf board's claims on their properties.

The Syro-Malabar Church and the Kerala Catholic Bishops Council approached the joint parliamentary committee regarding the Waqf (Amendment) Bill 2024.

Future directions

The Economist estimated in 2025 that India has around 872,000 waqf properties, surpassing any other country. The Waqf (Amendment) Bill, 2025, aims to address the issues and concerns surrounding waqf properties in India.

Some of these complaints, documented before the 2024 amendment, were as follows.

Encroachment on waqf properties

A significant concern was the encroachment of waqf properties, with reports indicating that 7% of registered immovable waqf properties were encroached, 2% were under litigation, and 50% had an unknown status.

This issue was particularly noted in the Waqf Assets Management System, which estimated the market value of waqf properties to be Rs 1.2 lakh crore by the Sachar Committee in its 2006 Report on the Social, Economic and Educational Status of the Muslim Community of India. Encroachment hindered the boards' ability to utilise properties for their intended purposes, leading to revenue loss.

Poor maintenance of properties

Many waqf properties suffered from poor maintenance, resulting in deterioration. This was evident in reports highlighting the boards' failure to upkeep properties, reducing their utility for religious and charitable activities. The lack of maintenance was linked to inadequate funding and oversight.

Pendency of cases in waqf tribunals

The backlog of cases in waqf tribunals was a major complaint, with 40,951 cases pending. This pendency was attributed to the lack of judicial oversight, with tribunals comprising only waqf bureaucracy members, leading to delays and inefficiencies in dispute resolution.

Lack of transparency and efficiency in conducting surveys

Most states had not completed surveys of waqf properties, as per the Standing Committee on Social Justice and Empowerment (2014) Report No. 20. This lack of transparency was compounded by inefficiencies in registration and record-keeping, making it difficult to ascertain and manage property status.

The 2013 amendment, which expanded waqf boards' powers, was criticised for exacerbating these issues, with complaints from Muslim intellectuals, women, and sects like Bohras and OBC Muslims.

Unrealised revenue potential

The boards' inability to realise revenue potential was another formal complaint, with reports indicating significant financial underperformance. This was linked to mismanagement, encroachment, and poor maintenance, reducing the income from waqf properties. The Sachar Committee (2006) and subsequent analyses highlighted this issue, noting the boards' failure to leverage properties for community benefit.

Specific instances and public scrutiny

Beyond committee reports, specific instances of mismanagement fuelled public and formal complaints. For example, in Uttar Pradesh, burial land was allegedly sold by the waqf board for a mall, benefiting board members rather than the community, leading to outrage among Muslims.

Additionally, complaints against individuals like AAP MLA Amanatullah Khan over misuse of waqf property highlighted governance issues. These cases underscored the need for greater accountability and transparency.

Committee reports and their role

Several committee reports played a crucial role in formalising these complaints. The Joint Parliamentary Committee on Wakf, in its third report presented on March 4, 2008, suggested measures like constituting boards within three months and enhancing CEO powers, indicating early recognition of administrative inefficiencies. The Standing Committee on Social Justice and Empowerment's Report No. 20 (2014) and Report No. 3 (2017, though dated 2008 in content) further detailed issues like survey inefficiencies and encroachment, influencing policy discussions, Report No. 20.

The Sachar Committee (2006), while primarily focused on the Muslim community's socio-economic status, indirectly highlighted waqf management challenges through its findings on property valuation.