SAFEGUARDING WAQF ASSETS IN INDIA: ANALYSING THE WAQF ACT OF 1995 AND THE IMPLICATIONS OF THE WAQF AMENDMENT BILL 2024

Abstract

The governance of waqf assets in India has encountered several challenges, despite the fact that waqf properties have a great deal of potential to improve the social standing of India’s underprivileged. Using official sources such as the Sachar Committee Report (SCR) and the Waqf Assets Management System of India (WAMSI), the current study focuses on the significant number of waqf properties in India in addition to their economic valuation. The study also looks at the Waqf Act of 1995, evaluating how well it addresses the challenges that waqf institutions face. Additionally, the study provides a comprehensive analysis of the recently proposed Waqf Amendment Bill 2024, emphasising that its provisions are harmful to India’s waqf properties. According to the study, the Bill is likely to increase encroachments, allow the state to meddle in Muslim religious matters, violate constitutional rights under Articles 25–28, weaken waqf autonomy and make it easier for the government to control properties owned by evacuees. In order to improve the governance and management of waqf properties and make sure that they are sustained as per the charitable intentions, socio-economic and development objectives, the study culminates with strategic recommendations.