India Waqf reforms?

The Indian parliament's recent passage of a bill changing the administration of Waqfs (trusts) and reducing their powers has rightly caused great concern among Muslims and proponents of minority rights. While the bill purports to make Waqf activities more transparent and their boards more accountable, and the amendment does address concerns such as women's inheritance rights, much of the language means the changes could well be abused by bad actors, which at this point is the entire BJP and its allied Hindutva parties.

The bill introduces more than 40 amendments to the existing Waqf Act, which governs properties established as charitable donations by Muslims. While it is undeniable that corruption within these boards must be addressed, the approach taken by the government raises profound questions about its intentions.

The inclusion of non-Muslims in administrative roles, a significant shift from the traditional governance structures, seems less about improving management and more about undermining the autonomy of Muslim community interests at a time when they are already facing systemic discrimination.

Corruption scandals such as the $23 billion Karnataka Waqf scam from 2012 are being used to justify the new oversight measures, but the suggestion that non-Muslims would do a better job auditing Waqf activity is problematic, at the very least. Crime transcends religions, and an honest Muslim auditor would surely not be hard to find.

However, adding Hindu officials, according to opponents of the bill, could throw off the balance of power during property disputes between Waqfs, community groups and Hindutva activists, such as the spate of recent claims that mosques and other Muslim sites were built over temples. The Hindu members, it is feared, may side with encroachers instead of defending the rights of the Waqf and Muslims.

If the government was sincere, it could have focused on improving transparency through better management and recordkeeping. But that would mean its goal was to strengthen Waqfs, rather than eventually dissolving them.