Undoing Past Wrongs: New Amendments To Waqf Act May See Illegal Encroachment With Retrospective Force

Union minister Kiren Rijiju meets a delegation of Muslim clerics regarding the Waqf Amendment Act during Monsoon session of Parliament. (Image: PTI/Kamal Singh)

The proposed amendments to the Waqf Act are expected to have significant retrospective implications. They are expected to provide a legal framework to reclaim and rectify past violations

After the new amendments to the Waqf Act were moved to a joint parliamentary committee, Union minority affairs minister Kiren Rijiju stressed on the Centre’s commitment to historical injustices saying the “wrongs of the past will be undone”.

Rijiju’s statement, which came during a conversation hosted on X by I&B ministry’s senior adviser Kanchan Gupta, shows that the amendments are expected to have significant retrospective implications, particularly in addressing the illegal encroachment of Waqf land and properties. They are expected to provide a legal framework to reclaim and rectify past violations.

This further signals a firm stance on reviewing or reversing unauthorised claims and restoring the integrity of Waqf properties, based on the existing legal structure, and by scrutinising the land and revenue documents available with the government offices. The process may also apply to assets and properties illegally encroached upon over the years.

“If there is an encroachment that can be verified or examined through documents available at the district collectorate offices or relevant departments, it must be scrutinised according to the law and face any applicable consequences. We all must follow the rule of law. That way, there can be retrospective effects for some assets that were taken in possession illegally. The records in district revenue offices will be audited. The wrongs will be undone,” Rijiju said, responding to a question by News18.

He said the joint parliamentary committee (JPC) formed to analyse the proposed amendments will table its report at the winter session. He added that once implemented, these changes will be beneficial for the Muslim community as a whole, which include the women, children and its several sects and sub-sects like Agha Khan community members (Ismailis), Dawoodi Bohras and Pasmandas.

How did the Waqf legislation change between 1954 and 2013?

The Waqf legislation has passed through significant changes through various amendments. According to a government document, the changes took place through amendments in 1954, 1995 and 2013. “Scope of waqf has been enlarged unrealistically – its definition has undergone tremendous changes throughout these different legislations enlarging its scope to an unimaginable extent, which encompasses various properties under its fold,” said a senior central government officer.

The officer said in the 1923 Act, wakf was defined as permanent dedication by a person professing the Mussalman faith of any property for any religious, charitable or pious purpose. In the 1954 Act, its definition was enlarged as wakf also included a wakf by user, grants for such purpose and wakf-alal-aulad, the officer added.

“By adding wakf by user and wakf-alal-aulad, the concept of permanent dedication for religious or charitable purposes was widened to a great extent. In 1995, the concept of wakf by user was further amended and enlarged. However, the main sweeping change in the definition of waqf was made in 2013,” he said.

Further elaborating on the changes, he said in 2013, the expression ‘permanent dedication by a person professing Islam’, was replaced by ‘permanent dedication by any person’. “It is to be noted here that the earlier legislations of 1913, 1923 and 1954 was constrained to ‘permanent dedication by a person professing Islam’ whereas in the Waqf Act, 1995 (as amended in 2013) the dedication of waqf was not confined to the person professing Islam faith but it also covered non-Muslims by defining waqf as ‘permanent dedication by any person’. After this amendment, waqf has opened the floodgates for dedication of property to the Waqf board by any person,” he added.

Moreover, the officer said, through the 1954 and subsequent Acts, the concept of waqf by user and waqf-alal-aulad was added in the definition of waqf through which properties not expressly dedicated to religious or charitable purposes were also considered as waqf. Thus, certain properties, where there is no evidence to show the actual dedication are also considered waqf simply by evidence of the user, he added.