Over the years, India’s political system has been plagued by the practice of certain parties using religion as a tool to secure political gains. The Congress party, in particular, has a long history of leveraging religious sentiments to shape its political narrative. The Shah Bano case in 1985 is a stark example, where the party yielded to religious pressure and overturned a Supreme Court judgment that granted maintenance to a divorced Muslim woman. Similarly, its handling of the Waqf Act over the years has left vast properties mismanaged, unregulated, and vulnerable to illegal encroachments. As the Waqf (Amendment) Act 2025 is passed, the opposition has resorted to fear-mongering, raising alarm even before the bill has been formally introduced and discussed. It is, therefore, imperative to dispel misconceptions, present the facts, and highlight how this Act is a long-overdue reform to ensure better governance and transparency.
The regulation of waqf properties in India has evolved through multiple legislative interventions. Amendments were introduced in 1913 and 1930, followed by significant overhauls in the Waqf Act of 1995 and the Waqf (Amendment) Act of 2013. Reports such as the Sachar Committee Report (2006) and the Joint Parliamentary Committee Report on Waqf (2008) have repeatedly stressed the need for better management of these assets. The Waqf (Amendment) Act, 2025, builds on these recommendations, aiming to introduce crucial reforms such as streamlining governance, regulating the role of mutawallis, digitising records, and ensuring women’s participation in waqf administration. These are not radical changes but necessary steps that demand political will—something that has been missing for decades.
Data from CPGRAMS reveals the scale of the issue. Out of 566 complaints related to waqf, 194 pertain to encroachment and illegal transfers, while 93 complaints have been filed against mutawallis for mismanagement. There are 40,951 pending cases, with 9,942 filed by members of the Muslim community itself, underscoring systemic delays in dispute resolution. Encroachment, undervalued leases, denial of widows’ inheritance rights, and slow digitization have stifled the potential of these properties, which were originally meant for charitable purposes. Government data further highlights the magnitude of mismanagement—out of 868,054 waqf properties in India, records for over 50% (436,169 properties) are missing. This glaring administrative failure necessitates immediate corrective measures.
The bill also addresses fundamental flaws in the functioning of Waqf Boards, where appointments have often been dictated by political favoritism rather than merit. The non-maintenance of proper accounts, lack of coordination between authorities, and legal loopholes have fostered corruption and mismanagement. The Sachar Committee had estimated that if these properties were managed efficiently, they could generate at least Rs 12,000 crore annually—revenue that could significantly contribute to education, healthcare, and welfare initiatives for the community. Yet, political inertia has allowed inefficiencies to persist, depriving beneficiaries of their rightful share.
One of the most contentious issues surrounding Waqf properties has been their expansive claims over large tracts of land, including entire villages. Several reports have highlighted cases where local communities have faced legal battles over their own land due to arbitrary Waqf claims. Union Minister Kiren Rijiju recently highlighted cases where local residents were left in legal limbo due to arbitrary claims. The amendment introduces stricter verification mechanisms to prevent such wrongful classifications. Additionally, the bill strengthens safeguards for women by ensuring their representation in Waqf Boards and reinforcing their inheritance rights. Many widows and daughters have been unjustly denied their rightful share due to loopholes in existing laws. By addressing these gaps, the bill upholds gender justice and promotes equitable governance.
Among other key provisions of the amendment is the removal of waqf-by-user, a contentious practice where land has been designated as waqf solely based on prolonged use. The bill ensures that this provision applies only prospectively, leaving existing properties unaffected. Additionally, it stipulates that only individuals who have been practicing Islam for at least five years can declare a waqf, preventing misuse by those with no real connection to the faith. A crucial provision also seeks to rectify the wrongful classification of government land as waqf—currently, 5,973 such cases are being contested across 25 states. To resolve this, the bill empowers the District Collector to assess ownership and report to the state government, ensuring public land is safeguarded from wrongful claims.
Another vital reform is the mandatory registration of waqf properties through a centralized online portal to enhance transparency and accountability. If a waqf property is not registered within six months, legal claims over it cannot be enforced, though the bill provides a safeguard allowing courts to consider cases beyond the deadline if justified. The composition of Waqf Tribunals is also being refined to include a legal expert in Muslim law, ensuring that disputes are adjudicated with proper expertise.
Despite the legislation’s clear benefits, the opposition continues to spread unfounded fears. The inclusion of non-Muslims in Waqf Boards has been misrepresented as an attack on the community, when in reality, it seeks to enhance transparency and efficiency. Similarly, concerns about the District Collector’s role in property determination are misplaced, as the provision ensures legal scrutiny rather than arbitrary decision-making. The opposition’s communal rhetoric disregards the fact that many of these reforms align with past expert recommendations and committee findings.
India is striving toward the vision of Viksit Bharat 2047, and governance must be driven by efficiency rather than communal politics. The Waqf (Amendment) Act, 2025, is not about targeting any community but about instituting long-overdue reforms in an institution that has suffered from systemic mismanagement. It is time to move beyond divisive narratives and focus on the greater good.
