A new wave of concern has spread across India following shocking revelations about the ever-expanding reach of Waqf Boards and their property claims. A recent incident in Tiruchirappalli, Tamil Nadu, has become the focal point of a national debate.
Rajagopal, a resident of Tirunchethurai village, discovered he could not sell his one-acre land to fund his daughter’s wedding. The sub-registrar’s office denied the transaction, citing that the land had been declared Waqf property. Rajagopal was handed a 20-page document stating that his land and the entire village had been absorbed under Waqf control.
Adding fuel to the fire, Rajagopal and other villagers were stunned to find that the 1,503-year-old Sandeswar Temple in Surat, Gujarat, had also been claimed by the Gujarat Waqf Board. The board further asserted rights over the Surat Municipal Corporation building based on a claim that it was once a Mughal-era inn.
A pattern is emerging. In Surat’s Shiv Shakti Society, a flat initially bought by a private individual was slowly transformed into a mosque. Once regular prayers began, the flat was declared Waqf property, and a claim was made over the entire society. The Gujarat Waqf Board supported the claim, citing historical precedence.
India currently has over 8.72 lakh immovable Waqf properties, covering nearly 9.4 lakh acres—making the Waqf boards the third-largest landowners in India, after the Railways and the Army.
📚 Legal and Historical Backdrop
The term “Waqf”, meaning “to dedicate,” originates from Islamic jurisprudence, not the Quran. Through successive Islamic dynasties—including those of Mohammad Ghauri, Qutubuddin Aibak, Iltutmish, and the Mughals—land was continuously dedicated to Waqf. Historians like Ziauddin Barani and Muzaffar Alam describe how Sufi missionaries, with imperial backing, converted locals and secured land in Waqf’s name.
Thomas Arnold, in Preaching of Islam in India, details how the Mughals institutionalized Waqf around mosques, madrasas, and graveyards.
During British rule, the Abdul Fata case (1894) led to the Muslim Waqf Validating Act (1911)—backed by Mohammad Ali Jinnah. This act birthed the Waqf Boards still active today. Post-independence, Nehru’s government formalized the Waqf Act in 1954, which was further empowered by the 1995 Waqf Act—a law that critics now say has created a parallel judiciary in the form of Waqf Tribunals.
⚖️ Constitutional Concerns
Under Section 3 and Section 40 of the 1995 Act, Waqf Boards can unilaterally declare any property as Waqf. Once done, the burden of proof falls not on the board but on the private citizen to prove otherwise. Even Supreme Court rulings cannot overturn Tribunal decisions—raising questions about the Constitution’s authority.
Moreover, surveys to designate land as Waqf are funded by public taxes, placing financial responsibility on common citizens.
🔥 Nationwide Repercussions
Critics argue that these sweeping powers lead to land mafia-style encroachments under the garb of religious dedication. Allegations include removing fencing from graveyards and erecting concrete walls to mark new territory as Waqf.
There is growing discontent over why such powers are exclusive to Islamic institutions while Hindu, Sikh, Jain, and Buddhist communities lack similar legal backing to protect their religious lands.
🧠 A Wake-Up Call?
With more citizens like Rajagopal facing shocking land loss, activists warn of a potential constitutional crisis. Amid ongoing social tensions, experts predict protests, legal challenges, and rising distrust in the system—especially as public awareness of Waqf’s reach increases.
The debate is no longer just about land; it’s about ownership, identity, and the integrity of India’s secular framework.
