THE disquiet around The Waqf (Amendment) Bill, 2024 can be attributed to the apprehension that the Union government has exploited the shortcomings and misgovernance in waqf administration as a pretext for expanding the scope of government interference in waqf institutions beyond what is required for their better administration.
In fact, the prime motive seems to be to enable government interference for purposes that may prove detrimental to the raison d’etre of the institution of waqf.
In this context, let us objectively examine major concern areas on the parameters of desirability, necessity and constitutionality, and see whether these concerns are merited or hyperbolised.
At the outset, it may be remarked that waqf institutions in India suffer from pervasive and intractable corruption and chronic misgovernance. Mosques and madarsas may be among the few institutions where waqf property is being used for demarcated purposes, and to that extent they may be accepted, though the latter suffers from its own set of issues on another account.
Consequently, waqf property is beset by encroachment, sale and lease at throwaway prices and a lack of innovative economic practices for the enhancement of income from unoccupied properties to serve the goals of the waqf institutions effectively.
