Paromita Das
New Delhi: The Waqf (Amendment) Bill, 2025, has become a subject of intense debate in Bharat, with multiple narratives being shaped around it. Some sections of society claim that it is an attack on religious freedom, while others argue that it is a necessary step toward transparency and accountability. However, much of the discourse has been fueled by misinformation and fear-mongering, often distorting the actual provisions of the bill. To truly understand the implications, it is crucial to examine the historical context, legal framework, and actual amendments proposed in the bill.
The Waqf Act and Its Evolution
The Waqf system in Bharat is not merely a religious matter but primarily a legal and administrative one. The Waqf Act, 1995, governs the management of Waqf properties, which are assets permanently donated by Muslims for religious, charitable, or social welfare purposes. These properties are not owned by any individual but are managed by Waqf Boards to ensure their proper utilization for the benefit of the community.
Over time, issues of mismanagement, illegal occupation, and lack of transparency have plagued the Waqf Boards. The government, through various amendments, has sought to bring in greater accountability and efficiency. The recent amendment is a continuation of this effort, addressing loopholes that have been exploited over the years.
Key Reforms in the Waqf (Amendment) Bill, 2025
The Waqf (Amendment) Bill, 2025, introduces critical changes aimed at improving the governance of Waqf properties. One of the most significant reforms is the removal of Section 40, which previously allowed Waqf Boards to unilaterally declare any property as Waqf property without requiring substantial documentation. This provision had led to numerous disputes, with many individuals and institutions finding their lands suddenly classified as Waqf property without due process.
Another major reform is the mandatory digitization of Waqf records. Many Waqf properties have suffered from record mismanagement, leading to fraudulent claims and illegal occupations. By digitizing records, the government aims to ensure better tracking, transparency, and protection against false claims.
The amendment also strengthens the authority of Waqf Tribunals, ensuring that disputes related to Waqf properties are resolved efficiently. These tribunals will now have greater powers to enforce their decisions, reducing the backlog of cases that have historically hindered justice.
Additionally, the bill proposes the inclusion of non-Muslim members in Waqf Boards to promote diversity, transparency, and inclusivity. This provision has been one of the most contentious points, with critics arguing that it undermines Muslim control over Waqf properties. However, proponents believe that it will help curb corruption and ensure unbiased decision-making.
Legal Precedents and the Secular Nature of Waqf Management
Bharatiya courts have consistently ruled that the management of Waqf properties is a secular responsibility. In the case of Syed Fazal Pookoya Thangal vs Union of India (1993), the Kerala High Court clarified that Waqf Boards are government-regulated bodies, not religious entities. Similarly, in Hafiz Mohammad Zafar Ahmad vs UP Central Sunni Board of Waqf (1965), the Allahabad High Court ruled that a mutawalli (caretaker) does not own Waqf property but merely manages it.
The Supreme Court, in Tilkayat Shri Govindlalji Maharaj vs State of Rajasthan (1964), further affirmed that managing religious properties falls under secular administration, reinforcing the idea that Waqf properties should be treated as public trust assets rather than private or exclusively religious holdings.
Misinformation and Fear-Mongering
Despite the clear legal position and the benefits of the amendment, misinformation has been rampant. One of the most widely spread myths is that the bill is an attack on Muslim property rights. This claim is misleading, as the bill does not confiscate any Waqf property but rather seeks to regulate and protect them from illegal encroachments.
Another common argument against the bill is that the inclusion of non-Muslim members in Waqf Boards will dilute the influence of the Muslim community over Waqf assets. However, the primary function of Waqf Boards is governance and administration, not religious affairs. The inclusion of members from different backgrounds is intended to enhance accountability and prevent favoritism or corruption within the boards.
Some critics have also suggested that the bill is an attempt to weaken the Waqf system altogether. However, the provisions of the bill, such as improved record-keeping and tribunal strengthening, indicate that its purpose is to reinforce the integrity of Waqf property management rather than dismantle it.
Real-World Cases That Highlight the Need for Reform
The urgency of these amendments is highlighted by numerous real-world cases of mismanagement and fraudulent claims. According to the WAMSI portal, over 58,898 Waqf properties are illegally occupied, leading to substantial losses for the intended beneficiaries of these assets.
In Govindpur, Bihar, the Bihar Sunni Waqf Board recently claimed an entire village as Waqf property, sparking widespread protests and legal battles. Similarly, in Kerala, around 600 Christian families found their ancestral lands suddenly declared as Waqf property, despite having no historical ties to any Islamic endowment.
One of the most shocking cases emerged in Surat, Gujarat, where the Waqf Board attempted to claim ownership over the Surat Municipal Corporation Headquarters, a government-owned building. Such incidents demonstrate the urgent need for stricter regulations and transparency in Waqf property management.
Balancing Religious Sentiments with Legal Accountability
While it is understandable that any amendment to religious property laws may evoke strong emotions, it is essential to distinguish between religious rights and legal accountability. The Waqf (Amendment) Bill, 2025, does not infringe on religious practices or interfere with the purpose of Waqf donations. Instead, it aims to protect Waqf properties from illegal claims and mismanagement.
The opposition to the bill appears to stem more from political maneuvering and misinformation than from any legitimate threat to religious rights. Transparency, digitization, and legal oversight are universal principles that benefit all stakeholders, including the Muslim community. A well-regulated Waqf system will ensure that these properties are used for their intended charitable and welfare purposes rather than being exploited for personal or political gain.
The Waqf (Amendment) Bill, 2025, is a crucial step toward resolving long-standing issues in Waqf property management. While opposition to change is natural, it is important to separate facts from fear-mongering. By removing arbitrary powers, digitizing records, strengthening tribunals, and promoting transparency, the bill enhances the integrity of the Waqf system.
Rather than viewing this amendment as a threat, it should be seen as an opportunity to modernize and safeguard Waqf assets for future generations. Misplaced fears and misinformation should not overshadow the real benefits of reform. The focus must remain on ensuring that Waqf properties fulfill their true purpose—serving the needy and promoting social welfare in a just and transparent manner.
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