Waqf: A landscape of disputes, encroachments and need for reforms

Mita Nath

(mitanathbora7@gmail.com)

India’s Waqf properties—religious endowments intended for charitable and community welfare purposes in the Muslim community—constitute one of the largest landholding systems in the country. With more than 8.7 lakh Waqf properties spanning over 9.4 lakh acres, these properties have increasingly become the subject of public grievances, legal disputes, and allegations of misuse, raising questions about the efficacy of Waqf Act and their Boards in India.

Mounting Grievances and Complaints

Between April 2022 and March 2023, India’s Centralized Public Grievance Redress and Monitoring System (CPGRAMS) recorded 566 complaints related to Waqf properties. These complaints covered a wide spectrum—encroachments, unauthorized sales, delays in property surveys, and grievances against Waqf Board officials and Mutawallis (caretakers). From April 2023 onwards, another 148 complaints were lodged, pointing to a persistent pattern of administrative misdeed, Section 40 of the Waqf Act has been criticized for allowing boards to declare private property as Waqf with little transparency.

Key allegations and controversies involve misappropriation of Waqf Properties. Instances have emerged where Waqf properties were allegedly leased or sold at undervalued rates to private entities, bypassing legal procedures. Such actions have sparked unrest within the Muslim community, as these properties are intended for charitable and religious purposes.

A Legal Minefield: Over 40,000 Pending Cases

At present, more than 40,951 cases related to Waqf properties are pending before specialized Waqf Tribunals. Interestingly, around 9,942 of these cases have been filed by members of the Muslim community themselves—against the very institutions meant to manage these properties for their benefit. This statistics alone reflects an urgent need to revisit the trust and accountability structures surrounding Waqf boards.

Unauthorized Land Claims

Provisions within the Waqf Act have been criticized for allowing Waqf Boards to declare properties as Waqf without adequate verification, leading to disputes over land ownership. This has raised concerns about the potential for overreach and infringement on private property rights.

Encroachment and Illegal

Occupation

One of the most alarming challenges is widespread encroachment. Reports indicate that a significant number of Waqf properties are encroached upon or illegally occupied. As of 2024, 58,929 Waqf properties were officially recorded as encroached across the country. States like Punjab and Madhya Pradesh stand out starkly. In Punjab, 56.5% of the state’s 75,511 Waqf properties are encroached, the highest such ratio in the country. In Madhya Pradesh, over 90% of Waqf properties are reportedly either encroached or embroiled in legal disputes. These figures signal not just poor oversight, but a broader systemic failure in safeguarding community resources.

Allegations and Concerns Raised by Muslim Women

The All India Muslim Women’s Personal Law Board (AIMWPLB) has openly criticized the functioning of Waqf Boards, stating that they have not operated with honesty and transparency. Shaista Amber, President of AIMWPLB, emphasized that donations to Waqf are meant for the welfare of the poor, but mismanagement has hindered this objective. She expressed support for the Waqf (Amendment) Bill, 2025, urging the government to ensure that Waqf lands are utilized transparently for the benefit of the poor. ?

Despite being stakeholders, Muslim women have often been excluded from decision-making processes within Waqf Boards. The Waqf (Amendment) Bill, 2025, seeks to address this by mandating the inclusion of at least two Muslim women on each board, aiming to enhance representation and ensure that women’s voices are heard in matters concerning Waqf properties.

Governance Challenges and the Need for Reform

The current legal framework, governed by the Waqf Act of 1995, and amended in 2013, has laid down mechanisms like tribunals, registration mandates, and penalties for encroachment. However, its implementation remains inconsistent and often toothless. Complaints regarding the misuse of Section 40—which allows Waqf Boards to declare any property as Waqf—have added a new layer of controversy, with private property owners alleging unjust appropriation.

Out of 30 States and Union Territories, only 8 have submitted data on the application of Section 40, which has resulted in 515 properties being declared Waqf without transparent procedures in many cases.

In response to these challenges, the Waqf (Amendment) Bill, 2025 proposes a series of reforms:

n End-to-end digitization of waqf records using GIS and blockchain. Digitization and GIS mapping of Waqf properties to improve transparency and prevent encroachment.

n Mandatory public disclosure of all waqf assets and revenue.

n Establishment of a national grievance redressal portal.Public portals for grievance redressal and disclosure of property details.

n Mechanisms to prevent political or corrupt misuse of waqf properties.

n Enhanced representation of women and local Muslims in waqf decision-making.

n Enhanced penalties for illegal sales and misuse of Waqf assets.

n Stricter regulations on the use of Section 40 to protect private property rights.

Waqf properties were meant to serve the socio-economic needs of marginalized communities, especially in education, health, and religious welfare. However, the growing number of complaints, rampant encroachments, and internal disputes indicate a pressing governance crisis.  The Waqf Amendment Bill, 2025 aims to benefit the poor, women, lawful property owners, and the broader community.