Manipur Waqf Board Controversy: Can the Govt Balance Constitutional Law with Pangal Sentiment and Historical Coexistence?

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THE INCLUSION of non-Muslim members in the newly reconstituted Waqf Board of Manipur has deeply hurt the sentiments of a large section of the Pangal community. For many, this is not merely an administrative decision. It touches upon questions of religious identity, community autonomy and the historical tradition of allowing Pangal (Manipuri Muslims) to manage their own religious affairs. The growing resentment should, therefore, not be dismissed as merely a political reaction. It reflects a genuine sentiment that deserves to be heard and respected.

Under the Waqf (Amendment) Act, 2025, the composition of State Waqf Boards was changed to provide representation from non-Muslim members. Section 14, as amended, provides that two of the members appointed to a State Waqf Board, excluding ex-officio members, shall be non-Muslim. The constitutionality of several provisions of the amended law has been challenged before the Supreme Court.

The Supreme Court, while declining to stay the entire amended law at the interim stage, imposed certain restrictions on the number of non-Muslim members and directed that a State Waqf Board should not have more than three non-Muslim members. The Court also made it clear that its observations were prima facie and would not prevent further arguments on the constitutional validity of the provisions. The legal question remains before the constitutional process. But the social and historical question in Manipur is equally important.

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Manipur Has Its Own Historical Legacy of Accommodation and Inclusion

The Pangal community’s relationship with the broader Manipuri society is centuries old. Historical accounts record the establishment of an independent administrative institution for Muslims during the reign of the then monarch. The historical institution of Pangal Sanglen or Pangal Loishang, functioned from Kangla, headed by a Kazi was associated with the administration of Muslim religious affairs, including judicial matters.

This shows that coexistence in Manipur was not necessarily built upon uniformity. It was built, in many respects, upon accommodation, mutual recognition and the space for different communities to preserve their own religious and social institutions while remaining part of the larger Manipuri society. That legacy should not be forgotten.

The Pangal community has lived as an integral part of Manipur for generations. Its language, culture, customs and social practices have developed through a long process of interaction with other communities. Historical accounts themselves describe the extensive cultural integration between Pangal and the wider Manipuri society.

Therefore, opposing the inclusion of non-Muslim members in the Waqf Board should not automatically be portrayed as an expression of communal separation. It can also be understood as a demand to preserve a historical principle: that matters specifically pertaining to Islamic religious endowments should remain substantially in the hands of the Muslim community of Manipur, namely the Pangal. That balance between unique community identity and a shared Manipuri identity is an important part of the historical legacy that should be protected.

To understand why the issue has generated such sensitivity, it is also necessary to understand the nature of waqf itself.

Waqf is an Islamic charitable endowment. It refers to property, land, money or other assets permanently dedicated for religious, charitable or public-benefit purposes under Islamic principles. A person may dedicate land for a mosque, madrasa, cemetery or orphanage, or dedicate property whose income is used for maintaining a mosque or supporting charitable activities.

The fundamental idea is that property dedicated as waqf is intended to remain committed to the specified religious or charitable purpose rather than being treated as ordinary private property or government property.

A Waqf Board is a statutory body responsible for the administration, supervision and protection of waqf properties within its jurisdiction. For instance, if five acres of land are permanently dedicated as waqf, with the income intended to support a mosque and poor people, the Board’s role is to ensure that the property is properly managed and its income is used according to the stated purpose and applicable law. The Board’s role is, therefore, primarily one of administration, supervision and protection rather than ordinary private ownership or government ownership.

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Why Not Wait for the Supreme Court or Take an Example from Kerala and Tamil Nadu?

The amended law may be in force, yet its contested provisions remain subject to constitutional scrutiny. In such a situation, Manipur government could have considered a more sensitive and conciliatory approach instead of immediately filling every category created by the amended framework.

Where a matter is already before the Supreme Court and has generated widespread concern within a minority community, leaving a disputed category vacant temporarily ‘where legally permissible’ could have been considered as a gesture of restraint until the constitutional position becomes clearer. It could instead, shows political sensitivity and respect for public sentiment.

Tamil Nadu and Kerala offer relevant points of comparison in this regard, both states kept the non-Muslim seats vacant.
In Tamil Nadu, the Waqf Board relied on Section 22 of the Waqf Act, arguing that a vacancy does not by itself invalidate the acts or proceedings of the Board. The argument essentially reflects the principle that a statutory institution should not become completely non-functional merely because a particular position remains vacant.

The broader administrative question, therefore, is whether a Waqf Board can continue to discharge its responsibilities while disputed positions remain vacant until the legal position is finally settled. Such an approach, if legally possible, could potentially balance two competing considerations: maintaining the functioning of the institution while avoiding unnecessary social friction.

Madhya Pradesh and Manipur are currently among the states where Waqf Boards have been constituted with non-Muslim members. This has made the Manipur case particularly noticeable, given the strong historical and emotional connection which the Pangal community has with its religious institutions.

The issue could have political consequences. If the perception grows among Manipuri Muslim that the government has ignored their religious and historical concerns, it can deepen anti-BJP sentiment within the community and potentially have consequences for electoral politics.

There is also a question of individual responsibility for those who have been appointed as non-Muslim members. If any appointed member personally believes that their participation is contributing to social friction and hurt the sentiment amongst the Muslim community, a voluntary resignation based on conscience and respect for Manipur’s historical context could be considered. Such a decision, however, should not be the result of coercion, intimidation, or pressure from any community. That would send a powerful message.

Manipur’s history contains many examples of communities living together without requiring every institution to erase their distinct religious identity. The historical existence of institutions such as the Pangal Loishang is a reminder that community-specific administration and social coexistence were not necessarily contradictory.

Manipur’s strength has always been its ability to preserve diversity while maintaining coexistence. The Waqf issue should not become another wound in that fragile social fabric. It should instead become an opportunity to reaffirm respect for faith, history, religious autonomy, and peaceful coexistence. And if history has taught Manipur anything, it is that harmony is preserved not by imposing uniformity, but by respecting each every community’s dignity and identity.

(The views expressed are personal. The author is a Journalist. He can be contacted at safiurmaibam81@gmail.com)

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