The stage is finally set for the revised Waqf (Amendment) Bill to be tabled in the Lok Sabha on Wednesday, April 2. Union Minority Affairs and Parliamentary Affairs Minister Kiren Rijiju said on Tuesday, “On 2nd April, immediately after the Question Hour, I want to introduce the amendment bill for consideration and passing, after that, we have agreed for 8 hours of discussion.”
“Every political party has the right to express its opinion, and the country wants to hear which political party has what stand on the amendment bill. And this will be recorded for thousands of years, this will be on record, who opposed and who supported the amendment bill,” he added.

Advertisment


The bill must be passed in both Houses of Parliament to become law.

The Waqf Act of 1995 that was enacted to regulate Waqf properties has for long drawn criticism due to corruption, encroachments, and mismanagement.

Waqf and the Waqf Act

Advertisment

The term waqf refers to the permanent dedication of any movable or immovable property for religious or charitable purposes as recognised by Muslim law. Once declared waqf, the ownership of property is considered transferred to Allah and becomes irrevocable. A mutawalli is appointed to manage the property, and any other use or sale is prohibited. The principle—“Once“ a waqf, always a waqf”—has” created several complex legal scenarios and disputes across India. There is a Central Waqf Board and several state boards.

It is to be noted that there is no waqf system in Islamic countries like Turkey, Libya, Jordan, Tunisia, and Egypt, but the waqf network in India is extensive and legally protected.

Over the years, there have been many concerns like misuse of power by mutawallis, poor maintenance of property accounts, weak coordination with revenue departments, encroachments, and sweeping authority granted to boards to claim properties.

The Waqf Act was first passed by Parliament in 1954. It was later repealed, and a new Waqf Act was passed in 1995, which gave more powers to the Waqf Boards. In 2013, the Act was further amended to grant the Waqf Board extensive powers to designate property as ‘Waqf Property’.

The Waqf Amendment Bill

On August 8, 2024, the government introduced two bills—the Waqf (Amendment) Bill, 2024 and the Mussalman Wakf (Repeal) Bill, 2024—aimed at streamlining the functioning of Waqf Boards and improving the management of waqf properties. The amendment seeks to fix gaps in the Waqf Act, 1995, by renaming the Act, updating the definition of waqf, improving registration processes, and integrating technology for better recordkeeping.
In September 2024, the Ministry of Minority Affairs shared that 40,951 cases were currently pending in Waqf Tribunals, including 9,942 filed by members of the Muslim community against institutions managing waqf. Moreover, besides the delays in case disposal, there was no judicial oversight over tribunal decisions.
The bill was referred to a joint parliamentary committee (JPC), headed by Jagdambika Pal, which submitted its 655-page report to both Houses of Parliament.

Also read | ‘Better to split up Bangladesh than…’: Northeast leader’s response to Yunus remark

The Waqf (Amendment) Bill, also called the ‘Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill’, aims to address key challenges by introducing reforms like digitisation, enhanced audits, improved transparency, and legal mechanisms to reclaim illegally occupied properties.

Advertisment

Waqf Boards are third largest landowners in India

Waqf boards currently control 8.7 lakh properties spread across 9.4 lakh acres, with an estimated value of ₹1.2 lakh crore. The Boards are also the country’s biggest landowners after the Armed Forces and Indian Railways.
Of the 8.7 lakh waqf assets, 356,051 are registered as waqf estates, 872,328 are immovable properties, and 16,713 are movable properties. Despite this, the Boards generate negligible income.

‘Waqf properties could yield ₹12,000 crore annually’: Sachar panel

The Sachar Committee, which submitted its report in 2006, observed that if the waqf properties are put to efficient and marketable use, they can generate at least a minimum revenue of 10% which is about ₹12,000 crores per annum.
It also recommended various measures to improve the management of waqf, like regulating the functioning of mutawallis, inclusion of non-Muslim technical expertise in management, and of two women members in Central Waqf Board and each State Waqf Board, etc.

Major disputes, claims by Waqf Boards

The systemic issues and flaws in waqf property governance have resulted in several cases across India.
In one such case, one Rajagopal, a farmer in Tamil Nadu’s Thiruchenthurai village, was unable to sell his agricultural land to repay a loan after the Waqf Board laid claim to the entire village. The sale required a no-objection certificate (NOC) from the board, leading to both financial and emotional distress.
Records indicate the village was donated as waqf by Nawab Anwardeen Khan in 1956. The situation worsened when the board requested the registration department to assign a ‘zero value’ to all waqf properties. The Ministry of Minority Affairs intervened and stayed the request to allow property transactions.

Also Read | Why is Rahul Gandhi opposing offshore mining? Economic benefits vs politics

In another controversy in Bengaluru, the Waqf Board claimed the Eidgah ground as waqf property, but government records showed there had been no official title transfer to any Muslim organisation.

In Surat, the Waqf Board staked claim to the Municipal Corporation building, arguing it had historically functioned as a sarai for pilgrims in the Mughal era. The property later came under British control and was eventually transferred to the Indian government after independence, but the Gujarat Waqf Board reiterated its legal position with the statement: “Once a Waqf, always a Waqf.”

In an even more unusual claim in Devbhoomi Dwarka, the Waqf Board attempted to assert ownership over two islands in Bet Dwarka. The Gujarat High Court was perplexed by the petition and asked the Board to revise it. The judge questioned how the Waqf could claim ‘land in Krishnanagri’.

What is the opposition’s stand?

The opposition has strongly criticised the bill, calling it ‘unconstitutional’ and accusing BJP of trying to ‘snatch’ the rights of Muslims.
Congress attacked the BJP-led Union government, alleging it was taking the country towards civil war.

Also Read | Nepal making a U-turn? Ex-Maoist guerrilla leads fight for return of monarchy, Hindu nation

AIMIM chief Asaduddin Owaisi says the bill is unconstitutional and a violation of Articles 14, 25, 26 and 29 of the Indian Constitution.
Samajwadi Party chief Akhilesh Yadav has opposed the bill and accused the BJP of ‘interfering’ in everything to gain control.
Meanwhile, Rijiju asserts that the bill is designed to give rights to those who previously lacked them.