Laws are not merely instruments of governance, they are the moral compass of a society’s values, aspirations and identity. The Waqf (Amendment) Bill, 2025 and The Mussalman Wakf (Repeal) Bill, 2024 were passed in a historic session of Parliament after over 12 hours of debate on early hours of April 3, 2025 by the Lok Sabha with 288 members voting for it and 232 voting against. This Bill is more than just a legal provision- it signifies a test of India’s commitment to justice, equity and welfare. The Waqf regulation has a deep history in the Indian subcontinent, dating beyond independence and marked by decades of debates, questions, autonomy and politics. While the current PM Modi-led NDA government pushed for reforms through the bill, the opposition parties protested against the bill claiming it to be ‘an attack on the constitution’. It is vital to understand the need for this amendment while taking a pragmatic approach through its historic development, legislative frameworks, problems, the need and provisions of the proposed reforms.
Waqf, as defined under the Waqf Act, 1995, is a permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable. The nature of Waqf is kept as permanent, that means once a property is declared waqf, it remains so forever. In India, Waqf owns the largest landholding after the government. The Sachar Committee (2006) estimated over 300,000 registered Waqf properties spanning 870,000 acres. This has increased to over 8.7 lakh properties, spanning over 9.4 lakh acres and an estimated value of Rs 1.2 lakh crore in just 18 years.
The legal framework governing Waqf has evolved significantly. It began with the Mussalman Wakf Validating Act, 1913 as the first formal legislation, validating family endowments (waqf-alal-aulad). The Mussalman Wakf Act of 1923 introduced registration requirements, but enforcement was weak. In the Post-independence era, the Waqf Act of 1954 established State Waqf Boards and a Central Waqf Council, aiming for centralized oversight. However, it lacked mechanisms to address mismanagement or encroachments effectively.
The Waqf Act of 1995, (amended in 2013) became the cornerstone of modern Waqf governance. It provided Waqf Boards an autonomy to identify properties (under Section 40), mandated surveys and established Waqf Tribunals for dispute resolution. The 2013 amendments followed by the Sachar Committee Report findings of systemic neglect aimed to enhance transparency, but were not effective.
These developments looked good only on papers and failed to address the key issues in Waqf Boards. The Board was given unprecedented authority to claim properties, whether government or disputed lands, leading to conflicts. Notable instances of Waqf Board claims under the 1995 Act reveal its inherent flaws, the list include a 1500-year-old Hindu temple in Thiruchenthurai, Tamil Nadu predating Islam’s 1400-years old history, 130 properties under Delhi Development Authority, 600 Christian family lands in Ernakulam district in Kerala, 1500 acres land in Vijayapura, Karnataka, Govindpur Village in Bihar, and many more. These appalling claims coupled with the burden of proof placed on the residents rather than the Waqf Board highlights underscore the systemic flaws in the 1995 Act enabling unchecked overreach and exacerbating disputes.
The Waqf Act of 1995 has been criticized for several reasons. Section 40 allowed Waqf Boards to claim properties as Waqf without sufficient checks, often disregarding revenue records or inheritance rights. Due to this provision, the Waqf Board even claimed the land beneath the Parliament building. Another major issue is the lack of a centralized registration system left many properties vulnerable to encroachments or illegal sales by mutawallis (custodians). The Sachar Committee highlighted that these properties under Waqf could generate up to Rs. 20,000 crores annually for Muslim upliftment if managed efficiently, yet mismanagement persists.
The composition of Waqf Boards also raises questions on inclusion and discrimination. The exclusivity drives insularity, mismanagement and seclusion. While Article 26 of the Constitution guarantees religious communities the right to manage their affairs, Waqf governance should include all stakeholders, not just a select few. The Waqf Tribunals, which were established to resolve disputes, are overwhelmed with over 40,000 pending cases as of 2024, rendering them ineffective, not only hindering Waqf’s role as a welfare institution but also straining its resources, highlighting the urgent need for reform.
The Waqf (Amendment) Bill, 2025 which was introduced on August 8, 2024 in Lok Sabha went through rigorous scrutiny in the Joint Parliamentary Committee (JPC) which consulted 25 State Waqf Boards and over 97 lakh suggestions from various stakeholders. The report was submitted to Lok Sabha on January 31, 2025 and the bill with suggested changes after JPC consultation was laid in both for passage on February 13, 2025. The proposed Bill have several significant reforms for the welfare of Muslim community and the nation:
● Reframing Waqf Creation: The bill proposed a provision of Waqf declaration to practicing Muslims (for a period of five years or more) being the owners of the property, removing the “waqf by user” clause. This prevents arbitrary claims and greater transparency.
● Inclusive Governance: Two non-Muslims, Muslim women, and representatives from various Muslim sects (Bohras, Agakhanis, Sufis, Pasmandas) and OBCs will be part of the Central Waqf Council and State Waqf Boards. This is intended to enhance efficiency and inclusion in the Waqf Boards.
● Survey and Dispute Resolution: Disputed properties will not be considered Waqf until settled and will be surveyed by Collectors, not Waqf Boards. This minimizes conflict with government institutions and maintains law and order.
● Centralized Registration: There will be a portal for streamlined registration, audits, and litigations on Waqf property with a six-month timeline for registration. This maximizes transparency and information availability for accountable processes.
● Women’s Rights in Family Waqf: Women will get inheritance rights with special provisions for widows, divorced women, and orphans, addressing gender disparities.
● Development of Waqf Lands: Proposed Section 32(4) enables Waqf Boards to develop plots into schools, markets, or housing, to generate income for communal good.
● Oversight on Mutawallis: The Waqf Board will have power to take control of the properties under Mutawallis for development, thus keeping efficiency and productivity in check.
● Judicial Oversight: Orders of Tribunals can be challenged in High Courts in 90 days, aiming to reduce the pendency of cases related to Waqf properties.
The Waqf (Amendment) Bill, 2025, is a milestone in the history of Indian legislation. It aims to bring transparency, inclusiveness, and efficiency to the Waqf administration, but its actual impact will be determined not just by the provisions of law but by the intent in which it is enforced. A law, regardless of how altruistic, is as effective as the administration that enforces it. As India walks this fine line, it has to be careful in walking the tightrope between religious rights and constitutional values of equality and justice. In light of what John Stuart Mill once wrote, “The worth of a state, in the long run, is the worth of the individuals composing it.” Whether this amendment succeeds or not will not be a matter of mere legislative intent but of the general will of society- to participate, critique, and make sure that it serves its real purpose of justice and welfare for everyone.
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