The Joint Committee of Parliament (JPC) examining the Waqf (Amendment)
Bill submitted its report to Lok Sabha Speaker Om Birla on Thursday, January 30, 2025. In the report, JPC has suggested some amendments, one of them being ensuring inclusion of underprivileged and backward Muslims or Pasmanda Muslims in the decision making process of Waqf. The proposed amendments to the Waqf Act, as highlighted in the recent developments, aim to address several longstanding issues within the Waqf system in India. Previous Act was conspicuous due to its omission and representation of Pasmanda Muslims, or backward Muslims, in the governance and benefits of Waqf properties. This omission is significant, given the historical marginalization of these communities and the pervasive corruption that has plagued the Waqf system. Waqf, an Islamic endowment of property to be held in trust and used for charitable or religious purposes, has been a cornerstone of Muslim social and economic life in India. However, the management of Waqf properties has often been marred by allegations of corruption, mismanagement and exclusion of marginalized Muslim communities.
Reports of illegal encroachments, unauthorized sales, and misuse of Waaf lands have been rampant, leading to a loss of trust in the system. The proposed amendments, such as the requirement for property deeds to back claims and the inclusion of non-Muslim members in Waqf boards, are steps towards greater transparency and accountability.
Pasmanda Muslims, who constitute a significant portion of the Muslim population in India, have historically been relegated to the margins of socioeconomic and political life. Despite their numerical strength, they have been underrepresented in the governance of Waqf properties, which are often controlled by more privileged sections of the Muslim community. This exclusion has perpetuated cycles of poverty and disenfranchisement among Pasmanda Muslims The lack of representation in Waqf boards means that the specific needs and concerns of Pasmanda Muslims are often overlooked. This has led to a situation where Waqf properties, which are meant to serve the entire Muslim community, are disproportionately benefiting the elite, while the marginalized continue to struggle for basic amenities and opportunities. To address these disparities, it is imperative that the proposed Waqf Amendment Bill includes provisions for the inclusion of Pasmanda Muslims in the governance of Waqf properties. This could be achieved through the following measures: The amendment should mandate the reservation of seats for Pasmanda Muslims in Waqf boards at both the state and national levels.
This would ensure that their voices are heard and their interests are represented in decision-making processes. The bill should introduce stricter guidelines for the management and utilization of Waqf properties, with a focus on ensuring that these resources are used for the benefit of all sections of the Muslim community, particularly the marginalized. Regular audits of Waqf properties should be conducted by independent bodies, with the active participation of Pasmanda Muslim representatives. This would help in identifying and addressing instances of corruption and mismanagement. A portion of the income generated from Waqf properties should be earmarked for educational and economic initiatives aimed at uplifting Pasmanda Muslims. This could include scholarships, vocational training programs, and small business grants.
The inclusion of Pasmanda Muslims in Waqf governance is not just a matter of social justice but also a practical step towards addressing corruption and building trust in the system. Marginalized communities, when empowered, can act as watchdogs, ensuring that resources are used transparently and equitably. Their participation can bring fresh perspectives and innovative solutions to the challenges faced by the Waqf system. the inclusion of Pasmanda Muslims would align with the broader principles of equity and justice that underpin Islamic teachings. It would demonstrate a commitment to the welfare of all members of the Muslim community, regardless of their social or economic status.
The proposed amendments to the Waqf Act present an opportunity to address the systemic issues that have plagued the Waqf system for decades. However, for these reforms to be truly effective, they must affirm the inclusion and representation of Pasmanda Muslims. By doing so, the government can ensure that the benefits of Waqf properties are equitably distributed, and that the marginalized sections of the Muslim community are empowered to lead dignified and fulfilling lives. In a diverse and pluralistic society like India, it is essential that all communities, especially the marginalized, are given a fair chance to participate in and benefit from public resources. The inclusion of Pasmanda Muslims in Waqf governance is not just a legal or administrative reform; it is a moral imperative that reflects the values of justice, equity, and inclusivity.
-Altaf Mir,
PhD, Jamia Millia Islamia