Opinion | Waqf Reforms: Step Towards Transparency, Inclusion Under Modi Govt

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Last Updated:March 21, 2025, 08:31 IST

One such critical area of reform is the Waqf management system in India that has long been plagued by corruption, mismanagement, and a lack of representation for Pasmanda Muslims

The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8. (Image for representation: Getty)

The Narendra Modi-led government has consistently worked toward ensuring transparency, accountability, and inclusivity in governance.

One such critical area of reform is the Waqf management system in India that has long been plagued by corruption, mismanagement, and a lack of representation for Pasmanda Muslims – who form the overwhelming majority (over 85 per cent) of Indian Muslims but have been historically deprived of their rightful share in resources and leadership roles.

For decades, the control of Waqf properties, institutions, and financial benefits has remained concentrated in the hands of the Ashraf elite – a small, upper-caste section of Indian Muslims. Ashraf Muslims, primarily consisting of Syeds, Sheikhs, Mughals, and Pathans, have built a monopoly over religious, political, and social leadership, pushing Pasmanda Muslims – who come from other backward classes (OBC), as well as Dalit and tribal background – to the margins.

ASHRAF-CONTROLLED NARRATIVE AGAINST AIPMM

The All India Pasmanda Muslim Mahaz (AIPMM) has consistently advocated for the rights of Pasmanda Muslims, particularly regarding Waqf reforms, social justice, and economic upliftment.

Politically and economically well-connected Ashraf Muslim lobbies, however, have launched a misinformation campaign, falsely accusing the AIPMM of being anti-Waqf.

Let it be made absolutely clear: We are not against Waqf. We are against its mismanagement, illegal occupation, and financial fraud.

Waqf properties should be used for the welfare of all Muslims, particularly the underprivileged – not for the benefit of a privileged few. The Waqf Amendment Bill 2024 presents a crucial opportunity to overhaul the system and ensure that the properties and resources are used for genuine welfare and development, rather than being controlled by a handful of the elite.

HISTORICAL CONTEXT OF WAQF MANAGEMENT IN INDIA

The Modi-led government’s initiative to reform Waqf is not without precedent. Over the years, several legislative efforts have sought to improve the system:

Pre-Independence Era

Mussalman Wakf Validating Act, 1913: Provided legal recognition to Waqfs created for religious and charitable purposes, including those benefiting the settler’s family.
Mussalman Wakf Act, 1923: Introduced a formal registration process for Waqfs but suffered from weak enforcement.

Post-Independence Reforms

Waqf Act, 1954: Established central and state Waqf boards for oversight.
Waqf Act, 1995: Introduced Waqf property surveys, tribunals, and deed maintenance.

WAQF (AMENDMENT) ACT, 2013

This amendment, passed under the Congress-led UPA government, made several changes, such as:

Granting primacy to Waqf laws over other laws in matters related to Waqf properties.
Removing the limitation period for recovery of encroached Waqf lands, allowing indefinite legal action.

Despite these measures, however, corruption and exploitation within the Waqf system persisted, largely benefiting Ashraf elites while excluding Pasmanda Muslims.

SYSTEMIC DISCRIMINATION AGAINST PASMANDA MUSLIMS

Social and Religious Discrimination

For centuries, Pasmanda Muslims – descendants of local converts to Islam, mainly from Dalit and OBC communities – have faced caste-based discrimination within Muslims. The Ashraf elite has monopolised religious institutions, madrassas, mosques, and dargahs, denying Pasmanda Muslims equal access and representation.

Mosques & Madrassas Imambaras: Leadership roles in mosques and madrassas are overwhelmingly held by Ashraf Muslims, who exclude Pasmanda voices.
Social Discrimination: Pasmanda Muslims face barriers in marriage, social mobility, and education due to the Ashraf-dominated structure of Muslim society.
Idea of ‘Khandan’ (Lineage): Ashraf Muslims promote endogamy (marriage within their caste) and look down upon Pasmanda Muslims as socially inferior.

Economic and Political Marginalisation

Lack of Political Representation: Ashraf Muslims dominate Muslim leadership in political parties, sidelining Pasmanda concerns.
Limited Access to Education: Pasmanda Muslims are underrepresented in elite Muslim schools and universities, which are controlled by Ashraf-dominated trusts.

Here are the objections raised by the AIPMM:

Lack of Representation: The Bill does not mandate Pasmanda Muslim or women’s representation in Waqf Boards.
Judicial Powers: Waqf judicial powers should be vested only in Waqf tribunals, while state Waqf boards should focus solely on management.
Inclusion of Non-Muslims: The current law allows non-Muslim members in Waqf committees, making further debate unnecessary.
Administrative Corruption: Waqf properties occupied by the government, corporations, and non-Muslims should be vacated immediately.
Transparency Issues: Annual audits of Waqf income and expenditure should be publicly displayed.
Lack of Local Participation: Poor Pasmanda Muslims, widows, and orphans must be given roles in Waqf management, with annual community development plans sent to Waqf boards.

Here are suggestions for reform:

50% reservation for Pasmanda Muslims in Waqf boards at central, state, and district levels.
Mandatory inclusion of women in Waqf boards to ensure representation of marginalised voices.
Independent Waqf survey teams, including Pasmanda Muslim members, to prevent biased reporting.
Judicial oversight by a retired Supreme Court judge in the Central Waqf Council.
Retired additional district judge in state Waqf boards to ensure fair dispute resolution.
No separate Waqf boards for smaller Shia subgroups (for example Bohra, Aagakhani, Khoja).
Strict three-year tenure for Waqf board members under the ministry of minority affairs.
Re-survey of Waqf properties of people who lived in India before Partition to reclaim misused lands.
Low-interest government loans for social welfare projects on Waqf land.
Auditing of Waqf boards by Comptroller and Auditor General (CAG).

CHALLENGES AND THE WAY FORWARD

Current Issues in Waqf Management

Illegal Occupation of Waqf Land: Many properties are encroached upon by land mafias working with Waqf managers.
Corruption in Waqf Boards: Funds meant for Muslim welfare are misused or siphoned off.
Lack of Transparency: Many Waqf boards do not publicly disclose their financial records.
Exclusion of Pasmanda Muslims: Despite forming the majority, they do not have decision-making power in Waqf matters.

Recommendations for Reform

Strict Anti-Corruption Measures: Independent audits and legal action against corrupt Waqf officials.
Increased Government Monitoring: While ensuring that Waqf remains autonomous, the ministry of minority affairs must enforce accountability.
Community-led Waqf Management: Local Pasmanda Muslim groups, women, and poor beneficiaries should be involved.
Digitisation of Waqf Records: Ensuring online access to Waqf property details and financial reports.

The Waqf Amendment Bill, 2024 presents an opportunity to introduce long-overdue reforms in Waqf management. However, without addressing corruption, transparency, and Pasmanda Muslim representation, it will fail to achieve meaningful change.