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Several Muslim groups have called the proposed changes politically motivated.
A proposal to amend a decades-old law that governs properties worth millions of dollars donated by Indian Muslims over the centuries has sparked protests in the country.
The properties, which include mosques, madrassas, shelters and thousands of acres of land, are called waqfs and are managed by a board of directors.
The new bill – which introduces more than 40 amendments to the existing law – was expected to be tabled in the current parliamentary session after incorporating changes suggested by a joint committee of MPs.
But the commission is now preparing to ask for more time to submit its recommendations.
Prime Minister Narendra Modi's government says the proposed changes are necessary to root out corruption in the management of these properties and meet the Muslim community's demands for reform.
But several Muslim groups and opposition parties have called the changes politically motivated and an attempt by Modi's Hindu nationalist party to weaken minority rights.
The bill was first presented to Parliament in August and then sent to a joint parliamentary committee for recommendations.
What is waqf?
In Islamic tradition, a waqf is a charitable or religious donation made by Muslims for the benefit of the community. Such properties cannot be sold or used for other purposes – implying that waqf properties belong to God.
Many of these properties are used for mosques, madrassas, cemeteries and orphanages, and many others are vacant or have been invaded.
The tradition of waqf in India dates back to the period of the Delhi Sultanate in the 12th century, when the first Muslim rulers from Central Asia arrived in India.
The properties are now governed by the Waqf Act of 1995, which mandates the formation of state-level councils. These councils include state government nominees, Muslim legislators, state bar council members, Islamic scholars and waqf property managers.
The government says waqf boards are among the largest landowners in India. There are at least 872,351 waqf properties across India, spanning over 940,000 acres, with an estimated value of 1.2 trillion rupees ($14.22 billion; £11.26 billion ).
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Waqf properties include mosques, madrassas, shelters and thousands of acres of land.
Is reform necessary?
Muslim groups agree that corruption is a serious problem within waqf boards: its members have been repeatedly accused of colluding with invaders to sell waqf land.
But critics also say a significant number of these properties have been encroached upon by individuals, businesses and government agencies – which also requires immediate attention.
A report submitted in 2006 by the Justice Sachar Committee – formed by the previous Congress party-led government to assess the socio-economic conditions of Muslims in India – had recommended waqf reform, as it revealed that council revenues were small in relation to the vast number of properties they managed.
The committee estimated that efficient use of land would have the potential to generate an annual income of around 120 billion rupees (1.4 billion; £1.1 billion). The current annual income, according to some estimates, is around 2 billion rupees.
The committee also noted that “encroachments by the state, which is the custodian of the interests of the Wakf, are frequent”, listing hundreds of such cases of “unauthorized occupation” of waqf lands by government authorities. .
According to government data, at least 58,889 waqf properties are currently encroached upon, while over 13,000 are subject to litigation. The status of more than 435,000 properties remains unknown.
According to the government, the amendments address these issues and advance the recommendations made by the Sachar Committee.
Parliamentary Affairs Minister Kiren Rijiju told The Times of India newspaper that the reforms were also necessary as only an elite section of the Muslim community managed these properties.
Why this controversy?
But many Muslims view the proposed changes with skepticism.
One of the most controversial aspects of the bill is the change in ownership rules, which would impact mosques, dargahs and historic cemeteries owned by the board.
Many of these properties – used by Muslims for generations – lack formal documentation because they were given orally or without legal documents decades or centuries ago.
The Waqf Law of 1954 recognized these properties in the category of “waqf per user”, but the bill omits this provision, leaving the fate of a significant number of these properties uncertain.
Professor Mujibur Rehman, author of Shikwa-e-Hind: The Political Future of Indian Muslims, explains that tracing ownership of these long-standing community properties is complicated because their systems of management and deeds have evolved over time. centuries from the Mughal system to the Mughal system. the British colonial system, and now the current system.
“You can trace personal properties back a few generations, but tracing community properties is more difficult because their management keeps changing over time,” says Professor Rehman.
Critics say the changes may not address community concerns but could instead significantly remove the role of Muslims in controlling waqf properties.
Some agree that a blanket law requiring people of all religions to serve on the boards of religious institutions would make the processes more secular.
But the current trend seems to favor majoritarian politics, says Professor Rehman. “There appears to be an attempt to gain not only state control over Muslim properties, but also Hindu community control over the lives of the Muslim community. »
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Some of the changes to the law would mean that several waqf properties would have to be reinstated as waqfs.
What other changes are proposed?
Among other crucial changes is the requirement for councils to register their properties with district collectors, who would recommend to the government whether the waqf claim to a property is valid.
Critics say this would undermine the powers of waqf boards.
Asaduddin Owaisi, a prominent Muslim MP speaking out on the issue, says the changes are aimed at depriving Muslims of their land.
The current law requires state governments to appoint a survey commissioner who identifies waqf properties and then prepares a list. The list is then sent to the state government which issues a legally mandated notification. If uncontested for one year, the final nature of the property becomes waqf.
But some changes would mean the waqf status of several properties will have to be restored.
“Many have illegally encroached on the waqfs. This means they will have the opportunity to claim that the property belongs to them,” Owaisi told reporters recently.
This process, Muslim groups say, will put many historic dargahs and mosques at risk. They say reform is necessary but must keep community sensitivity and interests in mind.
“The diagnosis may be correct,” says Professor Rehman, “but the treatment is not.”
