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THE EXPANDING REACH OF THE WAQF BOARD: CHARITABLE TRUSTOR POWER PLAY?

 By P Mohan Chandran

 

Is the Waqf Board’s reach extending beyond charity and religious stewardship? How did an organization initially meant to preserve religious endowments gain unchecked power to claim lands, from farmers’ fields to temples and even India's Parliament? Across India, countless acres, including landmark sites, now fall under Waqf claims, leaving affected communities in turmoil. Should we be rethinking the Waqf Act to ensure accountability and protect citizens’ rights against misuse cloaked as charity?


Waqf encroaching Indian territories
Waqf Board encroaching Indian lands

The issue surrounding the Waqf Act in India has stirred considerable debate, with rising concerns about the extent of land claims being made by the Waqf Board under its provisions. Originally crafted to oversee properties endowed for religious and charitable purposes within the Muslim community, the Waqf Board now faces allegations of overstepping its intended function, with sweeping claims on high-value lands that include public, private, and culturally significant sites.

 

The Waqf Board has evolved, allegedly claiming vast amounts of land, including highly sensitive and valuable plots across India. From iconic landmarks like India’s Parliament land and Mukesh Ambani's residence to 30,000 acres in Kerala and now farmland in Karnataka, the Board’s land acquisitions stir national controversy.

 

The recent claims in Karnataka’s rural lands have left thousands of farmers, many from Hindu communities, facing property claims by the Waqf Board. Farmers who have cultivated their lands for generations now find their ancestral properties labeled as “encroachments,” raising questions about the reach and powers granted to the Waqf Board under the Waqf Act.

 

The Unchecked Reach of the Waqf Act

 

The Waqf Act, which was amended in 1995 and later in 2013, grants the Waqf Board extensive authority over properties registered as “waqf” — an Islamic concept of an endowment made for religious or charitable purposes. This Act empowers the Waqf Board to declare any property as waqf land if they can argue a historical basis for it, and, alarmingly, property disputes fall largely under the Board’s authority, circumventing the typical jurisdiction of civil courts. As a result, we’re witnessing a sharp increase in contested claims that even extend to non-Muslim properties. With support from local governments, like the Congress-led Karnataka administration, Waqf claims appear increasingly immune to traditional state oversight.

 

Examples of Expansive Claims of Waqf Board

 

1.    Parliament Land & Public Properties: One of the most controversial claims was the Waqf Board’s assertion that the land beneath India’s Parliament and the iconic Indira Gandhi International Airport belongs to waqf. Such assertions not only bring into question the extent of the Waqf Board’s ambitions but also highlight the legal ambiguities that allow these claims to surface.

 

2.    Antilia – The Residence of Mukesh Ambani: In another high-profile instance, the Waqf Board allegedly laid claim to the land on which Mukesh Ambani’s luxurious residence, Antilia, is built (27-floors, 570 feet tall, and estimated cost at US$2 billion). This move raised eyebrows as it targeted one of the most well-known properties in India, thrusting the Waqf Board’s actions into public scrutiny.

 

3.    Karnataka’s Agricultural Lands: The state of Karnataka has seen the Waqf Board extend its reach into vast agricultural territories, notably claiming around 15,000 acres of farmland. This aggressive approach directly impacts the livelihoods of Hindu farmers, who have tilled these lands for generations. Despite decades of ownership documentation, farmers are now branded as “encroachers,” a designation that could dispossess entire communities without compensation.

 

4.    Kerala’s Contested Lands: In Kerala, the Waqf Board claims rights over more than 30,000 acres, further unsettling the region’s populace. The claim has affected diverse communities, including Hindu and Christian landowners, who find their ancestral lands under threat of acquisition. The Board’s aggressive stance has spurred calls for amendments to the Act, with local leaders rallying to protect the rights of citizens.

 

5.    Temple Lands in Tamil Nadu: Tamil Nadu, with its rich heritage of temples, has also faced challenges from the Waqf Board’s claims over temple lands. Historically dedicated to Hindu deities, these lands serve religious, cultural, and social purposes. Yet, the Waqf Board’s claim jeopardizes the sanctity of these spaces, creating tension between communities and religious institutions.

 

6.    Mathura: Krishna Janmabhoomi Temple Land: In India’s holiest city, Mathura, the Board has further stretched its influence, claiming lands of about 13.37 acres that are intrinsically linked to Hindu mythology and pilgrimage. In the ongoing legal debate over the Shahi Idgah mosque's proximity to the Krishna Janmabhoomi temple in Mathura, the Hindu side claims that the Waqf Board has unlawfully designated the land as Waqf property through an agreement made in 1968. The Hindu representation argues that this deal lacks validity since it allegedly occurred without the temple deity, the true owner of the land, being a party to it. They further assert that Krishna Janmabhoomi should be protected under the Ancient Monuments and Archaeological Sites and Remains Act of 1958.

 

7.    Claiming a Monument: The Waqf Board’s Controversial Bid for the Taj Mahal: The Taj Mahal, one of India's most iconic monuments, became the subject of ownership claims by the Uttar Pradesh Sunni Waqf Board, sparking a contentious legal dispute. In 2018, the Waqf Board declared that the Taj Mahal should be recognized as its property, asserting that Mughal emperor Shah Jahan had intended the site to be a waqf — a charitable endowment under Islamic law. However, the Supreme Court of India challenged this claim, requesting that the board provide an original waqfnama (deed) with Shah Jahan's signature to substantiate their argument. The court questioned the plausibility of Shah Jahan authorizing such a document, especially since he was imprisoned by his son, Aurangzeb, in Agra Fort at the time.

 

This high-profile claim followed a series of other land disputes involving the Waqf Board, drawing public attention to how historic and valuable properties, often with disputed origins, could fall under claims by religious boards. The Taj Mahal, a UNESCO World Heritage Site and protected national monument managed by the Archaeological Survey of India, was reportedly taken over by the British after the Mughal era, later passing to the Indian government post-independence. With this background, the court's scrutiny and demand for authentic proof underscored the need to examine the boundaries of religious property claims against state-held heritage sites.

 

This incident raises broader questions about the management of heritage sites and the parameters within which religious boards can claim historical landmarks. As seen in this case, the court's stance has reaffirmed the role of secular governance in maintaining national monuments while curbing questionable land claims.


Waqf Board Encroachments
Waqf Board encroaching National Monuments & Farmers' Lands

Implications of Waqf Claims: A Breach of Public Trust?

 

The scope and frequency of these claims invite critical reflection on the potential for misuse within the Waqf Act. Rather than serving its original purpose of religious charity, the Act now appears to facilitate territorial encroachment, unchecked by civil jurisdiction. For the countless families and communities affected, this has become a source of distress and legal battles. Furthermore, the absence of a transparent mechanism to review and contest such claims gives the Waqf Board an unprecedented influence, potentially undermining the nation’s secular and multicultural fabric.

 

Moving Forward: Questions of Accountability & Reform

 

The urgency of reform is evident. Legal experts, citizens, and legislators are calling for amendments to the Waqf Act that would curtail the Board’s unchecked power, requiring third-party oversight for disputed claims and ensuring that all landowners have an avenue to defend their rights. Proposed solutions include mandating a judicial review for each claim and clearly defining what qualifies as waqf property to prevent overreach.

 

Final Thoughts: Reclaiming Fairness & Transparency in Land Rights

 

Critics argue that Waqf’s unchecked expansion threatens both the stability of property rights in India and the security of those whose lands are drawn into its reach. While originally charitable, the Waqf Board’s actions now resemble an aggressive land acquisition campaign, pushing countless families and local communities into legal uncertainty. The critical question remains: how far can the Waqf Board reach, and who holds it accountable? At a time when India’s citizens, property owners, and policymakers face these claims, a call for reform and stricter oversight of the Waqf Act grows louder, sparking a larger debate over land rights, religious endowments, and the need to protect the sanctity of private ownership in the world's largest democracy.

 

As India stands at this crucial juncture, the country must consider if the Waqf Board’s powers serve the national interest or simply empower one institution at the expense of all others. Should an organization with a singular mandate possess the authority to claim lands with historical, religious, and cultural significance across communities? Or must the Indian legal system take a stand to ensure that charity does not become a cover for power and expansion? The balance between protection of religious endowments and ensuring justice for all citizens hangs in the balance.

 

 

© 2024. P Mohan Chandran. All Rights Reserved.

25102024

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