Comprehensive Analysis: The Waqf Amendment Bill, 2025 – Reforms, Reactions, and Implications
An in-depth look at the Waqf Amendment Bill, 2025, passed by the Indian Parliament, exploring its key provisions, legislative process, reactions from political parties and communities, and the potential impact on Waqf property management. Understand the Waqf Act, Waqf properties, and the Waqf Amendment Bill.
Waqf Amendment Bill, Waqf Act, Waqf properties, Muslim women welfare, Central Waqf Council, State Waqf Boards, Limitation Act, 1963, religious autonomy, Indian Parliament, Kiren Rijiju, Asaduddin Owaisi, land disputes, transparency, governance, social welfare, India.
Waqf Amendment Bill, 2025
The Waqf Amendment Bill, 2025, a significant legislative effort aimed at reforming the management and transparency of Waqf properties in India, was passed by the Indian Parliament on April 4, 2025. This bill, an amendment to the Waqf Act, 1995, seeks to address long-standing issues such as encroachment, poor maintenance, and a lack of transparency in the administration of these properties. With over 8.7 lakh registered immovable Waqf properties across the country, this legislation holds substantial implications for the socio-religious fabric of India.
Background and Purpose:
Waqf properties, dedicated for religious or charitable purposes under Islamic law, have played a vital role in India’s social and religious landscape. The Waqf Act, 1995, which replaced earlier laws like the Mussalman Wakf Act, 1923, governs these properties. However, past reports have highlighted several critical issues:
- Unrealized revenue potential.
- Encroachment affecting 7% of properties.
- Poor maintenance and 2% of properties under litigation.
- Lack of transparency, with 50% of property status unknown.
The Waqf (Amendment) Bill, 2025, aims to rectify these issues, streamline management, and protect heritage sites, while also promoting social welfare, particularly for Muslim women. Information regarding the passing of the bill, and the aims can be found on this government source. Parliament passes Waqf (Amendment) Bill 2025 as Rajya Sabha grants approval
Key Changes Introduced by the Waqf Amendment Bill:
The bill introduces several key reforms:
- Formation of Waqf: Only individuals practicing Islam for at least five years can declare a Waqf, removing future “Waqf by user” claims but retaining it for pre-enactment properties.
- Survey of Waqf: District Collectors will now conduct surveys, replacing the Survey Commissioner, increasing government oversight.
- Government Property: Properties identified as government-owned will cease to be Waqf.
- Central Waqf Council and State Waqf Boards: The bill mandates representation for non-Muslims and Muslim women, Shias, Sunnis, and backward classes.
- Tribunals and Appeals: Tribunals will now include a district judge, joint secretary, and Muslim law expert, with appeals allowed to High Courts within 90 days, applying the Limitation Act, 1963.
- Registration Portal: A central portal will require uploading property details within six months.
- Social Focus: The bill aims to improve the economic and social status of Muslim women, especially widows and divorced women.
Passing and Legislative Process:
The bill was passed by the Rajya Sabha on April 4, 2025, following its approval by the Lok Sabha. The Joint Parliamentary Committee, chaired by BJP MP Jagdambika Pal, submitted its report on February 13, 2025, and the Union Cabinet approved it on February 19, 2025. The Mussalman Wakf (Repeal) Bill, 2025, repealing the 1923 Act, was also passed. More information about the passing of this bill can be found in this article. Parliament passes Waqf Amendment Bill 2025; BJD MP backs it in Rajya Sabha. What next? 10 points
Reactions and Implications:
The bill has sparked significant controversy.
- The government, led by Minority Affairs Minister Kiren Rijiju, claims it will benefit poor Muslims and enhance transparency.
- Opposition parties, including Congress and AIMIM, have criticized it as anti-secular and unconstitutional, arguing it violates Article 26 and enables adverse possession claims through the Limitation Act, 1963. This opposition is highlighted in this article. India’s parliament passes controversial bill that would change Muslim endowments – AP News
- The All India Muslim Personal Law Board has expressed strong opposition to any changes in the Waqf Act.
- Land disputes in regions like Kerala have highlighted the complexities and concerns surrounding the bill.
The bill’s focus on inclusivity and social welfare, particularly for Muslim women, is a notable aspect. However, the application of the Limitation Act, 1963, and increased government oversight raise concerns about religious autonomy and potential legal challenges. The political divide surrounding this legislation suggests that debates will continue as implementation begins.
Statistical Context:
Waqf properties in India include:
- 17% graveyards.
- 16% agricultural land.
- 14% mosques.
- 13% shops.
The top states with these properties are:
- Uttar Pradesh (27%).
- West Bengal (9%).
- Punjab (9%).
This data underscores the significant socio-economic impact of the Waqf (Amendment) Bill, 2025.
Conclusion:
The Waqf (Amendment) Bill, 2025, represents a crucial step in reforming the management of Waqf properties in India. While it aims to enhance transparency and inclusivity, its controversial nature highlights the need for a delicate balance between reform and religious autonomy. The bill’s implementation will be closely watched, as its effects on governance, social welfare, and legal disputes unfold.