The Waqf (Amendment) Bill, 2025
Kartavya Desk Staff
Syllabus: Minority Governance
Source: TH
Context: The Waqf (Amendment) Bill, 2025 was tabled in the Lok Sabha amid opposition protests, introducing sweeping changes to the Waqf Act, 1995 based on JPC recommendations.
• It seeks to overhaul the governance, registration, dispute resolution, and transparency of Waqf properties across India.
Key Features of the Waqf (Amendment) Bill, 2025
• Retention of ‘Waqf by User’: Protects religious properties established through customary usage before the enactment of the new law, unless disputed.
E.g., Mosques established through long-term communal use remain protected.
• Inclusion of non-Muslims in Waqf Institutions: Non-Muslims can be members of Central and State Waqf Boards and tribunals to promote transparency and administrative expertise.
E.g., 2 out of 22 members in Central Waqf Council may be non-Muslims.
• Digital Registration Portal: Mandates all waqf properties to be registered via a centralised online portal within 6 months, extendable by waqf tribunals.
E.g., Automates property updates and ensures public accessibility.
• New Tribunal Composition: Each waqf tribunal will include a district judge, a Joint Secretary-level officer, and a Muslim law expert, replacing the older two-member body.
E.g. Ensures better legal, administrative, and religious balance.
• Application of Limitation Act: Repeals Section 107 to apply the Limitation Act, 1963, enabling adverse possession claims after 12 years of unlawful occupancy.
E.g., Long-term encroachments can now claim ownership, risking waqf loss.
Major Issues Surrounding the Waqf Bill
• Alleged Religious Targeting: Critics claim the bill targets Muslim-managed properties by applying rules exclusive to one religion.
E.g., PIL in Delhi HC challenges constitutional validity of Waqf Act.
• Exclusion of New Converts: Only Muslims with five years of practice can dedicate property to waqf, excluding recent converts unfairly.
E.g., May contradict Article 25 (freedom of religion).
• Encroachment Legitimisation: Applying the Limitation Act could enable illegal occupants to claim waqf lands legally.
E.g., Properties encroached for over 12 years may now be lost.
• Reduction in Judicial Oversight: Replacing waqf tribunals with state officers as arbiters may compromise fairness and community rights.
E.g., Officers may favour state claims over waqf protection.
• Removal of Section 40: While preventing misuse, this also restricts Waqf Boards from identifying undocumented waqf properties, risking loss of heritage assets.
Need for the Waqf Bill
• Improving Transparency: Digitised records and audit reforms ensure accountability and reduction in property misuse.
E.g., 515 waqf properties declared under misused Section 40.
• Regulating Property Management: Addresses irregularities in property registration, survey, and ownership disputes.
E.g., Survey pending in several states like Gujarat, Uttarakhand.
• Preventing Misuse of Waqf Law: Ensures state-level checks on arbitrary waqf claims that create communal and legal tensions.
E.g., Delhi’s 123 properties transferred under UPA scrutinised.
• Benefit for the Poor: More efficient waqf governance will enhance funding for education, healthcare, and housing for the underprivileged.
E.g., Reduced board fees (from 7% to 5%) will aid welfare.
• Clarifying Legal Disputes: Tribunals with legal and religious experts, plus judicial appeal rights to High Courts, restore checks and balances.
Conclusion:
The Waqf (Amendment) Bill, 2025 aims to streamline waqf property governance through digitisation, transparency, and legal clarity. While it promises reforms and safeguards, concerns remain about religious autonomy and property rights. Balanced implementation and stakeholder engagement are essential to ensure inclusive and just outcomes.
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