Waqf Act Reforms: Secular Oversight and Accountability

Waqf Act Reforms: Secular Oversight and Accountability

The Waqf Act, first enacted in 1954 and comprehensively amended in 1995, governs the administration of Waqf properties—endowments made by Muslims for religious, charitable, or public purposes. India has over 8 lakh Waqf properties, covering vast land and assets worth billions. However, persistent issues of mismanagement, encroachment, and lack of transparency have long demanded reform. Recent debates on Waqf Act reforms, especially the proposed Waqf (Amendment) Bill, 2024–25, center around the need for secular oversight and accountability while preserving the religious character of these institutions.

The existing Waqf framework gives significant control to State Waqf Boards, supervised by the Central Waqf Council under the Ministry of Minority Affairs. Although intended to manage assets for community welfare, these boards often suffer from politicization, corruption, and lack of professional management. Audit reports and inquiries have revealed large-scale illegal transfers, encroachments, and underutilization of Waqf land, undermining both public trust and the welfare goals the Waqf system aims to serve.

The call for secular oversight arises from the need to ensure that public charitable property—though religious in origin—is managed in a transparent and accountable manner under constitutional principles. The proposed reforms seek to empower district magistrates for property surveys, introduce digitization of records, mandate audits by the Comptroller and Auditor General (CAG), and create a National Waqf Data Management System to ensure uniformity and public accessibility. These steps aim to make Waqf administration more institutionally transparent and aligned with national standards of accountability.

Critics, however, express concern that excessive government control may infringe upon the autonomy of religious institutions, violating Article 26 which grants religious denominations the freedom to manage their own affairs. Balancing religious freedom with public accountability thus becomes a constitutional challenge. A secular oversight mechanism should not interfere with faith-based objectives but must ensure ethical management and legal compliance.

Moreover, the reforms also touch upon gender rights and inclusivity. Historically, women have been underrepresented in Waqf management despite their active role in community welfare. The proposed inclusion of women members in Waqf Boards and equal access to Waqf benefits reflects India’s broader constitutional vision of gender justice under Articles 14 and 15.

In conclusion, Waqf Act reforms are not merely administrative—they are about strengthening good governance, transparency, and secular accountability while respecting the religious essence of the Waqf system. A reformed and modernized Waqf framework can transform these vast assets into instruments of inclusive development, social welfare, and gender equality, ensuring that faith and constitutional principles coexist in harmony.