On April 2, 2024, Union Home Minister Amit Shah while speaking on the Waqf (Amendment) Bill, 2025, in the Lok Sabha, emphasised its significance in ensuring transparency, curbing illegal encroachments, and addressing long-standing grievances related to Waqf properties across India. The bill, introduced as part of the government’s broader initiative on land reforms and minority welfare, seeks to amend the Waqf Act, 1995, which governs the administration of Waqf properties under the supervision of Waqf Boards.
Historical context of the Waqf Act
The Waqf system, a government framed practice involves endowing properties for religious or charitable purposes. In India, the management of these properties was streamlined through the Waqf Act, 1995, which replaced earlier colonial-era legislations. However, over the years, multiple cases of mismanagement, encroachments, and legal ambiguities have necessitated reforms. The Waqf (Amendment) Bill, 2024, aims to address these issues by introducing stringent regulations to ensure accountability and transparency.
Ten key highlights of the Waqf (Amendment) Bill, 2024
His speech outlined key aspects of the bill, clarifying misconceptions and addressing concerns raised by political opponents. Here are ten major takeaways from his address:
1. Clarification on Waqf and its Purpose
Amit Shah explained the fundamental principle of Waqf, emphasising that it refers to a donation made for religious charities in the name of Allah. He asserted that Waqf is a type of charitable endowment that cannot be reclaimed and can only be made from an individual’s personal property, not government land.
2. No Non-Muslim Inclusion in Religious Affairs
Dismissing opposition claims, Shah categorically stated that no provision in the bill allows non-Muslims to manage religious institutions. “No non-Muslim will be part of Waqf. Understand this clearly,” he said, reinforcing that the government has no intention of interfering in Muslim religious matters.
3. Addressing Misconceptions about the Bill
The Home Minister accused the opposition of spreading misinformation to create fear among minorities for political gains. He stated that the bill’s focus is on administrative reforms within the Waqf Board and Waqf Council, not on altering religious practices.
4. The Role of Waqf Board and Waqf Council
He stressed that the Waqf Board and Council would be responsible for curbing illegal transactions involving Waqf properties. “Waqf income, meant for minority development, is being stolen, and the Board and Council will take action against such misuse,” Shah stated.
5. Legal Recourse for Property Disputes
Amit Shah criticised the 2013 amendments to the Waqf Act by the Congress-led UPA government, which prevented individuals from challenging Waqf land claims in court. “How can any decision be outside the court’s jurisdiction? Congress did this for vote-bank politics, and we are rejecting it,” he asserted.
6. Congress’ Controversial Decision in 2013
Shah accused the Congress government of making drastic changes to the Waqf Act just 25 days before the 2014 elections. He claimed that 123 VVIP properties in Lutyens’ Delhi were handed over to Waqf, calling it an example of extreme appeasement politics.
7. Exponential Increase in Waqf Land Holdings
Highlighting the expansion of Waqf properties, Shah noted that between 1913 and 2013, 18 lakh acres were under the Waqf Board, but from 2013 to 2025, an additional 21 lakh acres were added. He cited instances where Waqf claims were made over lands belonging to Northern Railways and ancient temples.
8. Role of District Collectors in Land Disputes
Defending the bill’s provision empowering district collectors to determine the status of disputed Waqf properties, Shah pointed out that collectors already assess land ownership for temples and other religious institutions. He questioned why a similar review for Waqf properties should be an issue.
9. Better Management of Waqf Properties
Shah argued that the changes proposed in the bill aim to improve the administration and governance of Waqf properties. “Where will non-Muslim members be included? In Council and Waqf Board. They won’t run any religious activity but will ensure donated properties are managed as per the law,” he clarified.
10. The Bill’s Focus on Transparency and Efficiency
The minister emphasised that the bill does not have retrospective effect and is not intended to seize control of Waqf properties. Instead, it aims to improve transparency, streamline registration, and integrate technology to better manage Waqf assets.
Amit Shah’s Justification for the Amendment
Amit Shah defended the bill as a necessary step to bring parity in land governance, particularly concerning properties managed under religious trusts. He countered allegations that the bill targets a specific community by asserting that similar land reforms have been implemented for Hindu endowments and other religious institutions.
Shah also cited several instances where Waqf properties had been misused, including cases where valuable urban land had been illegally transferred or occupied under dubious circumstances. The government, he argued, has a responsibility to ensure that such assets are utilised for the welfare of the intended beneficiaries rather than being exploited for personal gains.
Political Reactions and Debates in the Lok Sabha
The introduction of the bill led to intense debates in the Lok Sabha, with opposition parties expressing concerns over potential governmental overreach. Some MPs from opposition parties questioned whether the amendment infringes upon religious autonomy and the rights of Waqf Boards.
In response, Shah reiterated that the bill does not seek to interfere with religious practices but rather aims to instill administrative discipline. He pointed out that multiple reports, including those from independent audit bodies, have highlighted the need for reform in Waqf property management.
Comparisons with Other Religious Endowments
A key argument in favor of the bill is its alignment with similar regulations governing Hindu temples and Christian trusts. The government has implemented measures to regulate temple lands under various state laws, and Shah emphasised that bringing Waqf properties under a structured legal framework is an extension of these efforts.
He also referred to the Supreme Court’s observations on land mismanagement in religious institutions, stating that judicial precedents support the need for transparent administration across all religious endowments.
Broader Implications of the Amendment
Beyond the immediate legal changes, the Waqf (Amendment) Bill, 2024, carries broader implications:
1. Impact on Minority Welfare: The bill’s provisions for stricter oversight and financial transparency are expected to ensure that revenues from Waqf properties are directed towards genuine welfare programs rather than misappropriation.
2. Legal Clarity and Reduction in Litigation: By defining clearer guidelines on ownership disputes and transfers, the amendment aims to reduce prolonged litigation over Waqf properties, a problem that has plagued courts for decades.
3. Administrative Reforms: The restructuring of Waqf Boards to include independent members is expected to enhance efficiency and minimise political influence in decision-making.
Amit Shah concluded his speech by reiterating that the Waqf (Amendment) Bill, 2024, is a progressive step aimed at ensuring transparency, accountability, and proper utilisation of Waqf assets. He urged all political parties to support the bill in the interest of national harmony and fair governance.
As the bill moves forward for further deliberation in Parliament, it remains a significant legislative effort with the potential to reshape the management of religious properties in India, ensuring that they serve the intended beneficiaries effectively.
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