The Indian political landscape is bracing for a potentially stormy session as the Waqf (Amendment) Bill, 2024, is scheduled to be tabled in the Lok Sabha today, Wednesday, April 2, 2025. This bill aims to overhaul the existing Waqf Act of 1995, which governs the administration and management of Waqf properties – religious and charitable endowments made by Muslims. While the government asserts that the amendments are necessary to enhance transparency, efficiency, and development of these properties, the bill has ignited a nationwide debate, drawing fierce opposition from Muslim organizations and several political parties who deem it an infringement on their religious freedom and an attempt to exert greater governmental control over Waqf affairs.
Understanding Waqf and the Waqf Act, 1995
Before delving into the specifics of the amendment bill, it’s crucial to understand the concept of Waqf. In Islamic law, Waqf signifies the permanent dedication of movable or immovable property for religious, pious, or charitable purposes. Once a property is designated as Waqf, its ownership is considered to be transferred to Allah, and it becomes inalienable, meaning it cannot be sold, gifted, or mortgaged. The proceeds from Waqf properties are typically used to fund mosques, educational institutions, graveyards, orphanages, and other charitable endeavors.
The Waqf Act of 1995 was enacted to regulate these endowments, establishing State Waqf Boards to manage and administer Waqf properties within their respective jurisdictions. These boards are responsible for maintaining records of Waqf properties, ensuring their proper utilization, preventing encroachments, and resolving disputes. The Act also established the Central Waqf Council to advise the central and state governments on Waqf matters.
The Genesis of the Waqf (Amendment) Bill, 2024
The need for amendments to the 1995 Act has been voiced for some time, citing issues such as mismanagement, corruption, encroachments on Waqf land, and the need for greater transparency. The Waqf (Amendment) Bill, 2024, was introduced in the Lok Sabha on August 8, 2024, with the stated objective of addressing these challenges and modernizing the legal framework governing Waqf properties. However, its introduction sparked immediate controversy, leading to its referral to a Joint Parliamentary Committee (JPC) for further scrutiny. The JPC submitted its report in February 2025, proposing 14 amendments, which were subsequently approved by the Union Cabinet.
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Key Proposed Amendments and Points of Contention
The Waqf (Amendment) Bill, 2024, proposes significant changes to the existing legislation. Here’s a breakdown of some of the most critical amendments and the controversies surrounding them:
- Composition of Waqf Boards and the Central Waqf Council:
- The Amendment: The bill mandates the inclusion of non-Muslim members in both the Central Waqf Council and the State Waqf Boards. Specifically, it stipulates that State Waqf Boards must have at least two non-Muslim members, and the Central Waqf Council will also include non-Muslim representatives.
- The Controversy: This has become one of the most contentious aspects of the bill. Opposition parties and Muslim organizations argue that Waqf institutions are inherently religious in nature and should be managed primarily by Muslims. They question the rationale behind including non-Muslim members, drawing a parallel to the management of Hindu and Sikh religious endowments, which are typically overseen by members of their respective faiths. Critics fear this could lead to interference in the religious affairs of the Muslim community. The government, however, argues that the inclusion of non-Muslim members will bring diverse perspectives and enhance accountability.
- Determination of Waqf Property in Case of Disputes:
- The Amendment: The original bill proposed granting the District Collector the final authority to determine whether a disputed property is Waqf land or belongs to the government. Following the JPC recommendations, the amended bill suggests that a senior state government official, not below the rank of Joint Secretary, will make the final determination after considering a report.
- The Controversy: Concerns persist that vesting this power in a government official could lead to biased decisions in favor of the government in case of disputes. Previously, the Waqf Tribunal held the authority to adjudicate such matters. Critics argue that a government official might have a conflict of interest when deciding between a government claim and a Waqf claim. While elevating the authority to a senior official is a change from the initial proposal, the fundamental concern about potential governmental bias remains.
- Removal of “Waqf by User”:
- The Amendment: The bill seeks to eliminate the concept of “Waqf by user,” which allowed a property to be recognized as Waqf if it had been used for religious or charitable purposes for a long period, even without formal documentation like a Waqfnama (Waqf deed).
- The Controversy: This provision has triggered significant anxiety, particularly among those managing older religious properties like mosques and graveyards that may lack formal documentation but have a long history of Waqf usage. Critics fear that the removal of this clause could jeopardize the Waqf status of numerous such properties, potentially leading to legal disputes and loss of these community assets. The government argues that this change is necessary to prevent fraudulent claims and ensure that Waqf properties are properly documented. However, concerns remain about the potential impact on long-standing religious and charitable institutions.
- Centralized Portal for Registration of Waqf Properties:
- The Amendment: The bill mandates the compulsory registration of all Waqf properties on a central online portal within six months of the law coming into force. The Waqf Tribunal is granted the discretion to extend this deadline in specific cases where the Mutawalli (manager) can demonstrate sufficient cause for the delay. Failure to register within the stipulated time could initially lead to the forfeiture of the right to initiate legal proceedings concerning unregistered Waqf properties, although a JPC amendment allows courts to permit filings if an affidavit explaining the delay is submitted.
- The Controversy: While the need for a centralized database for better management and transparency is generally acknowledged, the initial strict timeline of six months raised concerns about the practical challenges of registering a vast number of properties, many with incomplete or historical documentation. The JPC’s inclusion of a provision for the Waqf Tribunal to extend the deadline provides some relief, but the criteria for “sufficient cause” and the potential for delays remain points of discussion.
- Changes to the Waqf Tribunal:
- The Amendment: The bill proposes changes to the composition of the Waqf Tribunal, which will now consist of a current or former District Court judge as the chairperson and a current or former officer of the state government of Joint Secretary rank. The provision for a member with knowledge of Muslim law and jurisprudence has been removed. Furthermore, the bill revokes the finality of the Tribunal’s decisions, allowing direct appeals to the High Court within 90 days.
- The Controversy: Removing a member with expertise in Muslim law from the Tribunal has been criticized, as Waqf matters are deeply rooted in Islamic legal principles. Concerns have been raised that the Tribunal might lack the necessary specialized knowledge to adjudicate disputes effectively. Additionally, while allowing appeals to the High Court might seem to offer an additional layer of legal recourse, some fear it could lead to prolonged litigation and increased costs for Waqf boards.
- Audit of Waqf Properties:
- The Amendment: The bill empowers the central government to have Waqf properties audited by the Comptroller and Auditor General (CAG) or a designated officer.
- The Controversy: While proponents argue this will enhance financial accountability and prevent mismanagement, some critics view it as another step towards greater governmental control over Waqf affairs.
- Waqf-alal-aulad (Family Waqfs):
- The Amendment: The bill clarifies that Waqf-alal-aulad must not result in the denial of inheritance rights to the donor’s heirs, including women, ensuring that these family endowments comply with broader principles of Islamic inheritance law.
- The Reception: This amendment has generally been welcomed as a progressive step towards protecting the inheritance rights of all heirs, particularly women, within family Waqfs.
- Renaming of the Act:
- The Amendment: The bill proposes renaming the Waqf Act, 1995, as the “United Waqf Management, Empowerment, Efficiency and Development Act, 1995” (UWMEEDA 1995).
- The Significance: While seemingly a minor change, the renaming reflects the government’s stated objectives for the amendments.
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Political Storm Brewing Ahead of Tabling
The Waqf (Amendment) Bill, 2024, has become a significant point of contention between the ruling National Democratic Alliance (NDA) government and the opposition. Several Muslim organizations, including the All India Muslim Personal Law Board (AIMPLB), have vociferously protested against the bill, calling it unconstitutional and detrimental to the interests of the Muslim community. They have organized protests and urged the government to reconsider the proposed amendments.
Opposition parties have echoed these concerns, accusing the government of trying to exert undue influence over religious institutions and undermining the autonomy of Waqf boards. They have vowed to strongly oppose the bill in Parliament.
On the other hand, the government maintains that the amendments are aimed at much-needed reforms to ensure the proper management and protection of Waqf properties, which are often plagued by encroachments and mismanagement. They argue that the bill will bring greater transparency and accountability, ultimately benefiting the Muslim community by ensuring that the income from these properties is used for their intended charitable and religious purposes. The government has also cited instances of misuse of the existing Waqf Act, where properties have been wrongly claimed as Waqf, leading to disputes and social disharmony.
Interestingly, the Kerala Catholic Bishops Council (KCBC) has reportedly urged Members of Parliament from Kerala to support the Waqf Bill, indicating a divergence of opinions even among minority religious groups.
The Road Ahead
As the Waqf (Amendment) Bill, 2024, is set to be tabled in the Lok Sabha today, a heated debate is anticipated. With the NDA holding a majority in the Lok Sabha and a comfortable position in the Rajya Sabha with its allies, the passage of the bill seems likely. However, the strength of the opposition’s resistance and potential disruptions cannot be ruled out.
The coming days will be crucial in determining the final shape of the legislation and its long-term impact on the management of Waqf properties and the relationship between the government and the Muslim community in India. The debate surrounding this bill underscores the delicate balance between the need for regulatory reforms and the constitutional guarantees of religious freedom and minority rights.