Introduction The recent passage of the Waqf (Amendment) Bill, 2025, has sparked a significant debate in Indian political and legal circles. The legislation, passed by both the Lok Sabha and Rajya Sabha after extensive discussions, aims to streamline the administration of Waqf properties and improve transparency. However, it has also faced criticism from various opposition parties and community leaders who allege that it is an attempt to centralize control over Waqf properties.
Understanding Waqf and Its Importance A Waqf is a charitable endowment under Islamic law, where a property is dedicated to religious or social welfare purposes. These properties are typically used for mosques, madrassas, graveyards, and orphanages, and they play a vital role in supporting India's Muslim community. The administration of these properties has traditionally been managed by Waqf Boards, as established under the Waqf Act, 1995.
Changes in the Waqf (Amendment) Bill, 2025 The new amendment brings several notable changes to the existing legal framework governing Waqf properties:
- Redefinition of Waqf Properties
- Earlier, properties donated through oral declarations or community usage were deemed as Waqf properties. The new bill mandates documentary evidence for such claims, shifting the burden of proof to Waqf Boards.
- In case of disputes, especially regarding government-owned land, the final decision will now rest with the government rather than Waqf tribunals.
- Inclusion of Non-Muslims in Waqf Governance
- The bill introduces provisions allowing non-Muslims to be appointed to Waqf Boards and tribunals, a move aimed at making the administration more inclusive and secular.
- However, it also limits the number of non-Muslim members on these bodies, ensuring a majority representation from the Muslim community.
- Judicial Oversight on Disputes
- Previously, Waqf tribunals had the final say in property disputes. The new bill allows for judicial intervention, providing an additional legal recourse for aggrieved parties.
- Centralized Registration System
- The amendment mandates that all Waqf properties be registered within six months of the law’s implementation.
- Future registrations of new Waqf properties must be processed through a centralized system managed by the Waqf Board.
- Government Oversight on Surveys
- The bill enhances government authority in conducting surveys of Waqf properties, ensuring better documentation and preventing alleged mismanagement or encroachments.
Arguments in Favor of the Bill The government has defended the amendment by highlighting the following points:
- It promotes transparency and efficiency in Waqf administration.
- It prevents unauthorized claims over government land under the guise of Waqf.
- It provides a legal mechanism for better governance and accountability.
- It ensures that Waqf properties are used for the intended purpose of benefiting marginalized communities.
Criticism and Opposition Opposition parties and several Muslim leaders have raised concerns, arguing that:
- The bill diminishes the autonomy of Waqf Boards by increasing government intervention.
- It could lead to the wrongful appropriation of Waqf properties.
- The inclusion of non-Muslims in Waqf governance may dilute its religious character.
- The requirement for documentary proof could result in the loss of legitimate Waqf properties.
Conclusion: The Waqf (Amendment) Bill, 2025, represents a significant shift in the governance of Waqf properties in India. While the government claims it is a step towards modernization and transparency, critics argue that it is an infringement on community rights. The true impact of this law will only be realized in its implementation, and it remains to be seen whether it will achieve its intended objectives or create further legal and social conflicts. The debate surrounding the bill underscores the importance of balancing administrative reforms with the protection of minority rights in a diverse democracy like India.
