NEW DELHI: As the government on Wednesday introduced the contentious Waqf (Amendment) Bill 2025 in the Lok Sabha amalgamating changes recommended by the Joint Parliamentary Committee, the centrepiece of the govt’s line of argument for overhauling the waqf system hinges to bringing in transparency in the management of Waqf properties and prevent misuse of the provisions of the law.
One of the most critical and controversial of the proposed amendments relate to repeal of provisions of the existing Waqf Act that empowers Waqf Boards to decide if a property is a waqf asset.
While the bill empowers the collector to conduct surveys of waqf, an officer above the rank of district magistrates will investigate government properties claimed as Waqf .
Also the bill paves the way for the end of ” Waqf by user” scheme where properties are deemed to be a Muslim religious charity only on the basis of its current usage.
The bill, however, extends protection to “already registered” properties in this category stating that “the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 2025 as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property”.
Also those donating land to Waqf need to “show or demonstrate that she/he is practising Islam for at least five years”.
Other key provisions include inclusion of two non-Muslims in Central Waqf Council and state waqf boards excluding officers who are there by virtue of their positions.
Meanwhile, according to the ministry of minority affairs as of September last year data shared by the Waqf boards from 25 states and union territories shows that 5973 government properties have been declared Waqf. Also the ministry is of the view that the principle “once a waqf, always a waqf” has led to disputes, such as claims over islands in Bet Dwarka, which have been deemed perplexing by courts as well.
Some disputes over non-Muslim properties declared as waqf include the case of Govindpur village in Bihar. According to the information available with MoMA in August 2024, the Bihar Sunni Waqf Board’s claim over an entire village in August 2024 affected seven families, leading to a case in the Patna High Court. The case is sub-judice.
Similarly, around 600 Christian families in Ernakulam district in Kerala are contesting the Waqf Board’s claim over their ancestral land. They have appealed to the Joint Parliamentary Committee.
Last year, farmers in Karnataka protested after the Waqf Board designated 15,000 acres in Vijayapura as Waqf land. Disputes also arose in Ballari, Chitradurga, Yadgir, and Dharwad. The government, however, assured that no evictions would take place.
While the govt cites such instances to argue in favour of the bill, the opposition and many Muslim organisations have all along strongly opposed the Bill.
All India Muslim Personal Law Board on Tuesday said it will challenge the Waqf (Amendment) Bill in court, calling it a “black law” that threatens the rights of the community. The Board had on Monday appealed to all secular political parties, including BJP’s allies and members of Parliament, to strongly oppose the Bill and to not vote in its favour under any circumstances.
AIMPLB President Maulana Khalid Saifullah Rahmani, described the bill as “discriminatory” and said that it “directly contradicts the provisions of fundamental rights under the Constitution of India”. He further stated that through this bill, the BJP aims to weaken Waqf laws and pave the way for the seizure and destruction of Waqf properties.
