Waqf: Ulta Chor Kotwal Ko Dante – What Can Be Done About the 58,929 Registered Properties?

By Rafique Mulla

Mumbai: The Waqf issue has emerged as a hot topic, particularly after intense discussions on proposed amendments to Waqf laws. This gained momentum during the Maharashtra and Jharkhand assembly elections, where the BJP and RSS’s propaganda on “Land Jihad” resonated effectively with the masses. The central government introduced the Waqf Amendment Bill in Parliament, and coincidentally, the matter also surfaced in various courts, further fueling the debate.

A remark by a Madhya Pradesh High Court judge—“Brothers, give the Red Fort and Taj Mahal… give all of India to the Waqf Board”—became a national talking point, amplifying the issue. For most common Hindus and Muslims, the concept of Waqf and its implications were relatively unknown. However, sensational news stories and a biased media narrative portrayed the Waqf Board as a land-seizing entity involved in “Land Jihad,” with no room for appeal against its decisions.

This narrative, fueled by political leaders, media outlets, and certain organizations, escalated to such an extent that just before the Maharashtra elections, reports surfaced claiming Waqf ownership of the Siddhivinayak Temple land. Simultaneously, fake data circulated predicting that by 2050, Mumbai would have a Muslim majority, with Hindus reduced to 30%. This orchestrated propaganda played a crucial role in shaping election outcomes.

Post-victory, Prime Minister Narendra Modi called the Waqf law unconstitutional, leaving little room for further debate. Ironically, the government itself, in a Lok Sabha response, revealed that 58,929 Waqf properties are under encroachment. The question was raised by BJP MP Basavaraj Bommai. Karnataka, a BJP-ruled state, reported the highest encroachments, with Hindus being the primary beneficiaries, followed by officials and former Waqf Board members from the Muslim community.

Exposing the Reality

The propaganda around “Land Jihad” crumbles when one examines the facts. These encroached Waqf properties are not controlled by the Board but belong to ordinary Muslims. Many properties, unregistered and excluded from public records due to fear of backlash, remain unaccounted for. Most Waqf-related disputes, like regular land revenue cases, are contested in courts ranging from local civil courts to the Supreme Court.

The claim that Waqf Board decisions cannot be challenged is baseless. The Board neither owns land nor has unrestrained power—it exists solely to assist institutions managing Waqf properties. The government’s push to amend Waqf laws is not about justice but about paving the way for land-grabbing under the guise of reform.

A glaring example is the controversy surrounding Mukesh Ambani’s Antilia, built on Waqf land. The state Waqf Board’s report confirmed this, but pressures to manipulate findings to favor Ambani were immense. The Supreme Court ultimately decided the case, highlighting that the Waqf Board’s role is limited and procedural.

The Bigger Picture

The assault on Waqf laws is not an isolated incident. It aligns with larger patterns of discrediting and dismantling institutions associated with the Muslim community. Urban development, revenue, and rural development departments see similar land-grabbing practices, but the spotlight remains on Waqf due to its communal undertones.

The proposed amendments are not about addressing encroachments but about enabling the appropriation of properties intended for public welfare. The government’s narrative, backed by propaganda, aims to weaken Waqf protections and divert attention from genuine encroachment issues.

The Way Forward

The need of the hour is to counter false propaganda with facts and uphold the integrity of Waqf properties. Strengthening existing laws, ensuring transparency, and holding encroachers accountable—irrespective of their community—are essential steps. This is not just about protecting Muslim interests but about safeguarding public assets meant for social welfare.