NEW DELHI: A staggering over 58,000 complaints, mostly related to land disputes due to encroachment, on the government’s Waqf Assets Management System of India (WAMSI) portal has brought into focus glaring mismanagement of waqf properties. Add to this over 12700 cases pending before the state waqf boards, more than 18,400 cases in tribunals set up under the Waqf Act across states and 165 cases before various high courts and the Supreme Court. All this and the gaps in existing laws and corruption rampant in bodies tasked with the upkeep of assets worth thousands of crores point to their inadequacy as well as irrelevance.

Sources said the government has set off a fresh review of various provisions in the face of large scale litigation impacting many poor Muslims from different sects and women, encroachment of properties, problems in maintenance of records of waqf properties and issues related to ownership and possession.
The Waqf Act, 1995 was enacted to regulate ‘auqaf’ (assets donated and notified as waqf) by a wakif – the person who dedicates a property for any purpose recognised by the Muslim law as pious, religious or charitable. Amendments were made to the Act in 2013 to address its initial shortcomings.

Data show that as per government records, there are over 8.70 lakh Waqf properties spread over 9.40 lakh acres of land across the country.
One of the key issues under study is a review of the sweeping powers of the state waqf boards to declare a particular property as waqf property- a power which has been misused by vested interests for property grab with the help of the corrupt waqf bureaucracy. Sources said there is a huge delay in survey of waqf property in the majority of states and even the first survey of waqf properties has been completed in only 10 states and UTs. Moreover there have been complaints of misuse of powers given to the boards regarding appointment of ‘Muttwallis’ (waqf manager) and cases challenging appointment of managers.
On July 20, minister for minority affairs Smriti Irani, who is also the chairperson of the Central Waqf Council, met the chief executive officers of 20 state waqf boards.
As a first step, the ministry is exploring an overhaul of the WAMSI portal, sources said. All processes and records, including updation of information related to waqf properties and waqf boards, will be available online to do away with intermediaries.
The government is also looking at the possibility of involving district magistrates in monitoring of waqf properties to prevent misuse of the assets. A larger review to study the provisions and plug the gaps in the existing law is also under consideration, sources said.
Flaws in the appeal process are also under scrutiny. For instance, an appeal against a decision of the board lies with the tribunal but the latter has no timeline for disposal of cases. Decision of tribunal is final and there is no provision for appeal except under writ jurisdiction in high courts. Moreover, tribunals have not been constituted in all states.
It is also felt that in states having a single waqf board, a need is felt to have representation from minorities among Muslims like Shias and Pasmandas, sources said.
Another point of concern under scrutiny is the misuse of the ‘waqf-al-aulad’ provision to deny inheritance rights to women and orphans in certain cases.