The Delhi Waqf Board’s recent claims on Hindu temples have ignited a storm of controversy, raising questions about religious land ownership and governance in India’s capital. The Board’s move to assert that several Hindu temples, some centuries old, are located on Waqf-designated land has caused widespread unrest among Hindu communities. This issue is creating fresh communal tensions in the city, with both religious and political figures now getting involved.

The Waqf Board, responsible for managing Islamic charitable properties in India, has claimed ownership of certain temple lands, sparking outrage. Hindu groups argue that the Waqf Board’s claims are an overreach, with many of the temples being much older than the Islamic structures that form part of the Waqf estate. Several of these temples, which hold cultural and historical significance, have been in continuous use for centuries by Hindu communities, which adds to the intensity of the conflict.

Waqf Board’s controversial claims raise alarm

In an unprecedented move, the Waqf Board has laid claim to temple properties in Delhi, some of which date back hundreds of years, according to local Hindu groups. These claims follow a similar trend in states like Tamil Nadu and Bihar, where ancient Hindu temples were also included in Waqf property disputes. Many legal experts are now questioning the legitimacy of these claims. Critics argue that the Waqf Board is acting outside its jurisdiction by attempting to manage properties that have no historical connection to Islamic endowments​.

The Waqf Board justifies its claims by citing historical land records and endowments, some dating back to the Mughal era. According to these records, the land on which several Hindu temples stand was designated as Waqf property, though critics argue that these documents are either incomplete or outdated​. This has fuelled a series of legal disputes, with Hindu groups filing petitions to challenge the Board’s assertions.

Legal battles intensify

Hindu organisations have taken their grievances to court, challenging the Waqf Board’s claim on several Delhi temples. The Delhi High Court has been dragged into the matter, hearing multiple petitions against the Board. In some cases, the court has temporarily halted the transfer of disputed properties. Lawyers representing the temples argue that the Waqf Board’s claims are baseless and that they lack proper documentation to support their assertions. One such case was heard by the High Court in September 2024, where the bench maintained a status quo order, preventing any immediate changes in ownership or management​.

The court also referenced the upcoming Waqf (Amendment) Bill, 2024, which could play a critical role in resolving such disputes. The bill proposes stricter documentation and oversight of Waqf properties, which may limit the Board’s ability to claim ownership of lands without solid proof​. This reform is part of a broader push to modernise the Waqf management system, which has been plagued by allegations of corruption and inefficiency.

Expert views: Need for modern Waqf management

Experts in religious and legal studies are weighing in on the growing conflict between the Waqf Board and Hindu communities. Many argue that the issue stems from a lack of transparency and modern governance in the management of Waqf properties. In recent years, the Board has been accused of corruption and mismanagement, with properties meant for public welfare being sold or leased under questionable circumstances. Legal experts suggest that the proposed amendments to the Waqf Act are crucial for addressing these long-standing issues​.

One expert in the field noted that the situation highlights the broader issue of property disputes in India, where land records often date back centuries and lack clarity. They explained that while the Waqf Board has a legal mandate to manage Islamic endowments, it must do so in a transparent and accountable manner, particularly when religious sites of other faiths are involved.

Communal tensions and political implications

The Waqf Board’s claims have not only stoked communal tensions but also sparked political debates. Religious and political groups accuse the Waqf Board of overstepping its authority, arguing that these actions are aimed at asserting control over properties that have no historical link to Waqf endowments. In response, the Waqf Board has defended its actions as part of its mandate to protect Islamic heritage, but its stance has done little to ease tensions​.

With court cases ongoing and the Waqf (Amendment) Bill still under review, the future of these disputed properties remains uncertain. However, one thing is clear—the issue has opened up a Pandora’s box of legal, religious, and political complexities, with no immediate resolution in sight.

  Delhi, Delhi High Court, Delhi Waqf Board, Hindu temples, Tamil Nadu, Tiruchendurai, Waqf (Amendment) Bill, Waqf Act