The Waqf controversy ignited by South Bangalore MP Tejasvi Surya, based on false information just before the by elections to three assembly constituencies in Karnataka does not seem to be subsiding anytime soon, even after the ill intentioned campaign yielded absolutely no dividend for the Bharatiya Janata Party (BJP) in the by elections.
According to some media reports, the BJP high command has instructed the party leaders to keep the issue alive, and hence, a month-long campaign was planned against the Congress government and the Waqf board independently by two warring factions of the state BJP. And paradoxically, the campaign itself has become an open platform for dissenters against the state leadership than against Waqf.
As if that is not enough, the press, especially the leading Kannada daily Prajavani has been publishing a series of reports to expose the double standards of the BJP, where it has issued more number of notices to farmers and encroachers of Waqf properties than the Congress government.
On November 27, Union minister for minority affairs Kiren Rijiju, in a reply to Lok Sabha has reaffirmed the right of the Waqf boards to issue notices and claim encroached properties and also stated that there were more than 800 Waqf properties in Karnataka that has been encroached.
The issue itself came to prominence after Surya wrote on his social media account X that more than 1500 acres of land belonging to Hindu farmers in Honvada village in Vijayapura district is being taken over by the Waqf board with the support of the Congress government.
The government and the district administration conducted press conferences and published documents which clarified that no notice was issued to the farmers and the whole issue was raked up in the wake of elections.
Notably, a spate of notices were issued to farmers in Karnataka by the revenue department asking them to produce documents to prove their land ownership in the last few years. Although many of these notices were issued during the tenure of the BJP government between 2019-23, the BJP took advantage of the opportunity and started to paint the whole controversy as Hindu farmers versus Waqf board alleging that the latter is functioning with the backing of “pro-Muslim” Congress government.
Also read: The Waqf Bill Debate: A Footnote From the Partition Days
BJP’s Jagdambika Pal, chairman of the joint parliamentary committee on the Waqf Amendment Bill, also raised this issue. He made a unilateral visit to Bijapur, deviating from established norms and protocols. During his visit, Pal assured that the Waqf Bill would favour Hindus.
The Congress government, which is rattled by this propaganda attack, is not even politically justifying it by underlining that it was only taking the same legal and routine steps that the BJP took when it was in power. Instead, chief minister Siddaramaiah has issued an order to all concerned departments to halt any action and withdraw all notices served to farmers, thereby inadvertently handing the state BJP a scoring point in their attempts to communalise the issue.
Meanwhile, the BJP’s malicious and venomous propaganda like “once a Waqf notice is issued, no court can stop it, if the Waqf board claims any land as its own, it will become their own, so farmers should immediately go to the tahsildar’s office and check whether their land is in their name or not” has naturally caused concern among farmers.
Notably, the changes to the Record of Rights, Tenancy and Crops (RTC) of some farmers in Indi tehsil, Vijayapura district, were made without notice, but have since been annulled, and the concerned officer has been held accountable.
The farming community, which is already reeling under agrarian crisis, debt etc., are slowly becoming the victims of the BJP’s propaganda due to lack of knowledge about the Waqf and related issues.
Meanwhile, the Muslim community, which faces constant attacks on its existence, identity, beliefs, faith, food, customs, and citizenship from the Sangh Parivar, is also distressed by the right-wing propaganda surrounding Waqf. As a crucial part of their social and religious life, Muslims are concerned about the amendments being proposed at the Centre to undermine Waqf itself.
It has, therefore, become imperative for progressive forces to educate citizens about the issue and explore potential solutions through good-faith dialogue and listening to each other’s grievances. Otherwise, the right wing will turn Karnataka into an inferno of distrust, insecurity and communalism, destroying both Hindu farmers and the Muslim community, although the by-election results proved otherwise.
It is necessary to clearly understand some basic points about this issue.
According to a report by Prajavani, the leading daily of Deccan Herald group, based on official reports, between 2008-2024, a total of 3519 notices have been issued to farmers and landlords regarding the encroachment of Waqf properties. Out of these, 2011 notices were issued by the BJP government (2008-2013 and 2019-2023) and 1404 notices have been issued during the Congress regime (2013-2018 and 2023-till now). Thus, more notices to farmers have been issued by the BJP than the Congress.
What is Waqf?
Waqf is an Arabic word. It means a full stop in literal sense or a stop to the transfer of ownership of property; a movable or immovable property given out as an endowment in the name of God and this charity is the eternal and final gift which cannot be passed on to others.
In the Islamic practice, followers of Islam are supposed to compulsorily provide 2.5% of their total annual income every year to the community. This is called Zakat. Apart from this, other contributions such as Sadaqa are not compulsory but voluntary. According to this, the followers of Islam can keep as much as is required to live righteously and donate the rest voluntarily to be used for religious, pious, and charitable works of the community.
Thus, predominantly Muslims, and sometimes even non-Muslims, donate their immovable property for the benefit of the community, which is called Waqf.
It is a part of religious beliefs of the Muslims. Since this Waqf is given in the name of God, the property can only be used but cannot be owned by any individual. A mutawalli or a manager is nominated to look after the Waqf and its affairs according to the wishes of the donor. Thus, ownership cannot be transferred.
Waqf properties are mainly donated by the community members themselves. In addition, both Muslim and Hindu rulers have given Waqf lands for the construction of mosques and dargahs, just as they have given land for temples and gurudwaras.
Generally, Waqf provides assistance to the poor and disabled community, manages mosques, dargahs, khabarsthans (burial grounds), constructs and manages madrassas, and provides support to orphans, widows, and the disabled. Additionally, Waqf is involved in the construction and management of educational institutions. Although Muslims are the primary beneficiaries of Waqf, its benefits also extend to Hindus and other non-Muslims, particularly in the form of public utilities such as education, roads, and grants.
What is Waqf board? When was it formed?
Although the British had decided not to interfere in the religious and cultural affairs of Indians after the 1857 War of Independence, the disputes around management of some Hindu temples in Tamil Nadu and the appeals thereafter prompted the British to pass laws to administer the management aspects of religious institutions.
As part of this effort, the British enacted laws in 1863 to regulate the management of properties belonging to Hindu religious institutions, revising them in 1902. Similar laws were later introduced in the early 20th century to govern the properties of other religious denominations.
The Waqf Act was passed in 1913. As part of it, the Waqf board was also formed to manage the endowments of Muslims.
Religious endowments of Waqf and other religions in post-independent India
All Indian citizens have the right to practice or not to practice the religion of their choice. Parts a, b, c and d of Article 26 provide for the right to establish institutions for religious and social purposes as part of religious practice, to practise religion in accordance with one’s own religion, to own immovable and movable property and to manage them in accordance with law.
Similarly, Hindus, Sikhs, Christians, Muslims and all other religions continued to build religious institutions and receive donations. The Act permits government intervention only in secular aspects like property management on issues like whether it is complying with the law in terms of property management and also to prevent corruption.
As part of this rule, the Union government enacted the Waqf Board Act in 1955 to allow the Muslim community to carry forward the social practices of managing Waqfs for religious and charitable purposes. Major changes were made in 1995 and 2013. Detailed consultations were even held with the stakeholders while making these two amendments. Now, the Narendra Modi government is planning to bring a major amendment to the Waqf Act without consulting anyone.
How is the board managed?
As part of the Waqf Act, each state has to appoint a survey commissioner to identify which properties are Waqf properties. The list identified by the commissioner as Waqf property is submitted to the government after examining the documents. The government has to send it to the Waqf board for vetting.
The state Waqf board is appointed by the ruling state government. It is headed by a minister and has Muslim MLAs and MPs as its members. Islamic experts appointed by the government are also members of the board. Similarly, district Waqf boards are also formed.
As per the Act of 1995, the government is supposed to also set up and appoint a Waqf tribunal at the state level to adjudicate when a dispute arises over the ownership of Waqf properties. It is headed by a judicial officer of the rank of sessions and district judge, as well as an officer of the government of the rank of an assistant secretary and an Islamic expert is also nominated to the committee.
As is clear from the very outset, the ruling government appoints both the Waqf board and the Waqf tribunal. Both are controlled by the government. These are not independent organisations administered by the Muslim community.
It can also be seen that there is no similar systematic government intervention in the management of the properties of Hindu and Sikh monasteries and temples as in Muslim religious charities.
How does Waqf claim its property? Is there no appeal against the decision of the Waqf board?
Farmers in Karnataka are deeply anxious due to the BJP’s campaign, which has been spreading misinformation. The leaders claim that if a land is claimed by the Waqf, the owner has to surrender it, and that there is no provision for appeal.
Notably, Waqf properties are identified by a survey commissioner appointed by the government. The documents have to be verified before the declaration is made. That’s the first step.
Even after the Waqf board declares it as a Waqf property, a suit can still be filed before the Waqf tribunal. Another fake news spread by the BJP is that the decision of the Waqf tribunal cannot be appealed in the higher court, which is a lie.
Waqf tribunals are constituted under the Waqf Act, 1995. Section 83 (9) of the Act makes it very clear that the decision of the Waqf and the veracity of the documents behind it can be challenged in the high court.
According to the Karnataka Waqf board, there are 26,000 Waqf properties in the state and only 10,000 of these have been registered. It is estimated that there are more than 3500 litigations before the district tribunals and state tribunals challenging the declaration of Waqf properties. More than 800 cases are pending in the high court.
So, the BJP’s claim is false. It is only aimed at creating anxiety among farmers.
Not only that. In August 2024, the high court of Karnataka gave a clear verdict that without following proper rules and procedures and without issuing a notice, Waqf cannot claim any property.
Total Waqf land
The BJP is propagating half-truths that the Waqf board is the “third-largest landowner in India, after defence and railways, controlling 38 lakh acres”.
The temples and mutts of Andhra Pradesh alone have 4.09 lakh acres of land. Temples of Tamil Nadu own five lakh acres of land. Hindu tenants tilling temple lands are also served eviction notices by these temple boards.
In fact, according to the Karnataka Waqf board, there is 1,07,651 acres of land under its possession, of which 90,000 acres are under litigation in various courts.
Earlier, the board had over 1.10 lakh acres of land, but most of these have been lost through the Inamti Repeal and Land Reform Act as well as through encroachments and acquisitions by the government. In fact, the board has lost over 75,000 acres to the government for various projects such as the Almatti dam.
Most of the urban lands are encroached majorly by the members of the community especially by the elites of the community.
Is BJP pro-farmer or just anti-Muslim?
According to media reports, the Waqf board appointed by the BJP government in Karnataka also had served notices to farmers in Vijayapura and other places. Former chief minister Basavraj Bommai had himself warned that God will not forgive Muslim leaders if the encroached Waqf land is not taken back. The BJP in its manifesto in the last Karnataka assembly elections had even promised to take back encroached Waqf land.
Therefore, the BJP opposing the notice given by the Congress is just an electoral and a poisonous polarising political tactic.
The TDP-BJP government, which came to power in Andhra Pradesh in the recent elections, has identified 87,000 acres of temple land encroached by farmers and chief minister Naidu has reportedly directed the endowments department to get the encroached land freed.
The BJP government in Odisha has announced that it will take strong action against individuals who “illegally encroach upon and sell land belonging to Lord Jagannath in Puri”.
There is no system like Waqf tribunal in the matter of land claims of temples and mutts. It should be directly challenged in other courts. This is BJP’s conspiracy.
Not only this, in Karnataka it was the BJP government in 2020 which amended Sections 79A, B, C, 80 and 106 of the Land Reforms Act to facilitate the take over of farm lands by urban businesses and industrialists. The BJP is also responsible for the death of 700 farmers protesting against the Centre’s three farm laws in 2020-21.
Modi’s Waqf amendment Bill
It perhaps won’t be wrong to assume that the motivated controversy created by the state BJP in Karnataka could be to manufacture consent for the passage of Waqf “destruction bill” which is euphemistically termed as United Waqf-Management, Empowerment, Efficiency, Development-Act-UMEED Bill, presently under the scrutiny of joint parliamentary committee (JPC). In fact, umeed means hope in Urdu. But this is one more law that destroys the very hope of cohabitation for the Muslims in India.
Firstly, the Modi government did not consult anyone with respect to the Waqf Bill it is going to enact, as the previous governments did in 1995 and 2013. According to the proposed amendment, any Waqf property that has not been registered within six months will no longer be considered a Waqf. Notably, many Waqf properties were established based on verbal agreements.
Not only this, now all the responsibilities of the district Waqf tribunal and the survey commissioner will be transferred to the district magistrate. The executive deputy commissioner will be given the judicial power to decide whether a property belongs to the government or Waqf. It can be challenged only in the high court.
As per the amendment, the central Waqf council will be abolished. As in the past, the requirement that a government official appointed to the positions of survey commissioner, Waqf board, and Waqf tribunal must be a Muslim has been removed.
The new Bill also makes it mandatory for non-Muslims to be appointed to the Waqf board. But there is no such condition for Hindu religious or Sikh or Christian institutions. Hence, the motive behind this is clear.
So far, the Waqf Acts were being amended to check corruption and to acquire properties from encroached Waqf lands. But the amendment being brought by the Modi government is to encroach upon Waqf properties and destroy the Islamic nature of Waqf.
The Sangh Parivar and the BJP have been demanding that Hindu religious institutions be freed from the government’s control. Hindutva has the sinister intention of increasing government control over Waqf and nationalising Muslim properties. Thus even this fake controversy and the Waqf Bill is part of the Hindutva and Hindu Rashtra project to destroy the very existence, identity, life and citizenship of Muslims. That’s why the BJP is targeting Muslims.
As per the judgment of a two-judge bench of the Supreme Court on January 28, 1998, once a property is in the nature of a Waqf, it remains in the nature of a Waqf forever. It cannot be transferred. In continuation of that order, the Waqf is now issuing notices to properties that may have been encroached upon.
So what’s the solution?
The biggest misuse of Waqf properties is allegedly by wealthy individuals and politicians within the Muslim community. Although the ownership of Waqf properties cannot be changed, its lease and sub-contracting can be done by the custodian of the property, using this opportunity to lease out crores of rupees of leasable properties to business tycoons for a few thousand or lakhs of rupees. The biggest loss to the Waqf board is caused by the misuse and encroachment of urban Waqf land and not rural.
Notably, taking rural lands — which belong to the Waqf — away from farmers would not generate new income for the Waqf, as they would remain agricultural lands in rural villages. To derive socio-economic benefits and real relief, it would be beneficial for the Waqf, the Muslim community, and society as a whole to allow farmers to continue cultivating these lands through permanent leases or similar arrangements.
Therefore, this issue can only be resolved by farmers, the Waqf Board, the Muslim community and the government in a spirit of amity and by understanding each other’s concerns. For that to happen, the first step is to keep BJP and the Sangh Parivar away from the issue.
Shivasundar is an activist and a freelance journalist based in Bangalore.
