The Waqf (Amendment) Bill, 2025

Before stating the facts about Waqf Amendment Bill let’s try to know What It Means and Why It Matters The Waqf Amendment Bill has sparked significant attention across India, especially among legal experts, minority communities, and policymakers. But what exactly is this bill, and why is it generating so much conversation? Let’s take a closer look.

What is Waqf?

To truly understand the nicety of the Waqf Amendment Bill, it's essential to first establish a clear understanding of the foundational concept of waqf itself. Rooted deeply in Islamic tradition, a waqf represents a significant form of charitable endowment. Typically, this involves the permanent dedication of property be it land, buildings, or other assets specifically for religious, educational, or philanthropic endeavors. A defining characteristic of waqf property is its inalienability; it cannot be sold, gifted, or otherwise transferred. The stewardship and administration of these dedicated properties fall under the purview of a designated body known as the Waqf Board, which is responsible for ensuring the endowment's objectives are met in accordance with the donor's intentions and relevant regulations. In India, the administration of these waqf properties operates through a two-tiered structure. At the apex is the Central Waqf Council (CWC), a body that oversees and advises the various State Waqf Boards. These State Waqf Boards, in turn, are responsible for the management and regulation of waqf properties at the local level within their respective states. This extensive network under their control encompasses a wide array of properties, including mosques, dargahs (Sufi shrines), graveyards, educational institutions like schools and madrasas, and other charitable assets. Consequently, the management of waqf properties constitutes a significant aspect of India's socio-religious fabric and holds considerable economic influence due to the sheer volume and value of the assets involved.

The Original Waqf Act, 1995

The Waqf Act of 1995 was enacted with the objective of ensuring better administration, regulation, and protection of waqf properties across India. These properties, often donated for religious, educational, or charitable purposes, are meant to serve the socio-economic welfare of the Muslim community. However, over the years, the Act has faced criticism due to increasing instances of mismanagement, illegal encroachments, and unauthorized use of waqf land. Additionally, a lack of transparency, weak accountability mechanisms, and limited public access to information have raised concerns about the effectiveness of waqf governance. These issues have prompted calls for significant amendments to strengthen oversight, improve property records, and enhance institutional efficiency in managing waqf assets.

The Waqf Amendment Bill: Key Highlights

The Waqf Amendment Bill proposes significant changes to the existing Waqf Act of 1995. Waqf properties, donated for religious, educational, or charitable purposes in the Muslim community, have often been vulnerable to mismanagement, encroachment, and lack of oversight. To address these challenges, the amendment bill focuses on four core areas: transparency, dispute resolution, anti-encroachment measures, and centralized oversight.

Enhanced Transparency

Digital Records: The bill mandates the digitization of all waqf property records, including ownership, usage, and historical details. This digital initiative aims to reduce manipulation and ensure proper documentation.

GIS Mapping: Introduction of Geographic Information System (GIS) mapping of waqf lands and properties to ensure accurate geographical identification and prevent tampering or duplication of records.

Public Access: The amendment ensures that waqf property details will be made publicly accessible through online platforms, enabling stakeholders and the general public to verify property status and ownership, thereby discouraging unauthorized transfers or encroachments.

Dispute Resolution

Waqf Tribunals: The bill proposes the establishment of dedicated Waqf Tribunals in each state or region to resolve disputes related to waqf property. These tribunals will function with defined timelines to prevent undue delays in the justice process.

Appeal Mechanism: Decisions made by Waqf Tribunals can be directly appealed in the respective High Courts, simplifying the judicial process and reducing the scope for prolonged litigation.

Encroachment Measures

Stricter Enforcement: To safeguard waqf properties from illegal occupation, the bill provides for stronger legal mechanisms to prevent, identify, and remove encroachments swiftly.

Penal Provisions: Introduction of penalties and punishments for individuals or institutions found guilty of encroaching upon or illegally occupying waqf land. These provisions aim to deter misuse and hold offenders accountable.

Central Oversight

Strengthening the Central Waqf Council (CWC): The bill seeks to empower the Central Waqf Council with greater authority to supervise and guide the functioning of State Waqf Boards. It also proposes a more active role in planning and policy formation for waqf development.

Audits and Inspections: Mandatory regular audits and inspections of waqf properties and their management will be carried out to ensure accountability and financial transparency. The findings will be subject to review by both state and central bodies.

The Waqf Amendment Bill represents a significant step towards modernizing the management of waqf properties in India. By introducing digital records, expediting dispute resolution, reinforcing legal safeguards against encroachments, and enhancing oversight mechanisms, the bill aims to uphold the sanctity of waqf properties and ensure their effective utilization for the intended charitable and religious purposes.

Concerns and Criticism:

While the bill is designed to enhance the governance and transparency of waqf institutions, it has stirred considerable controversy among various stakeholders. Critics argue that the bill significantly increases central control over waqf affairs, thereby diluting the autonomy traditionally exercised by state waqf boards. This shift toward centralized authority is seen by many as undermining the federal structure and the decentralized management of religious endowments. Moreover, given that waqf is deeply embedded within the socio-religious fabric of the Muslim community, any attempt to alter its governance structure is inherently politically sensitive. Such changes often provoke intense debate and scrutiny from both political entities and the broader public. Additionally, several minority rights groups have expressed concern that the proposed amendments may open the door to increased state interference in religious matters, potentially violating Article 26 of the Indian Constitution, which guarantees all religious denominations the freedom to manage their own affairs. These fears highlight the delicate balance between reform and respect for religious autonomy that the bill must navigate.

Why It Matters?

Waqf properties represent a unique and vital aspect of India’s Islamic heritage and socio-economic framework. Traditionally, a waqf refers to a charitable endowment under Islamic law, wherein an individual dedicates a portion of their property or wealth for religious or philanthropic purposes. These properties, once endowed, are meant to serve the public good in perpetuity and are typically managed by mutawallis (caretakers) under the supervision of Waqf Boards.

However, the significance of waqf properties extends well beyond their religious connotation. For India’s Muslim community, they constitute a powerful tool for socio-economic upliftment and community development. Proper management and strategic utilization of these assets can have transformative impacts in several key areas:

Funding Education, Healthcare, and Welfare Programs: Many waqf properties can be used to establish and sustain schools, colleges, hospitals, and orphanages, especially in regions where the community lacks access to quality public services. With effective governance, these assets can help bridge educational and healthcare gaps, empowering the community and promoting upward mobility.

Preservation of Cultural and Religious Heritage: Numerous waqf properties include historic mosques, dargahs (shrines), madrasas, and heritage buildings that reflect the rich Islamic cultural legacy of India. Protecting and restoring these sites is crucial not just for the Muslim community but for the preservation of India’s pluralistic heritage as a whole.

Generating Employment and Local Development: Waqf lands and commercial properties, when productively utilized, can become hubs of economic activity. They have the potential to create job opportunities, attract investment, and stimulate growth in underserved urban and rural areas where conventional development often lags.

Given this multi-dimensional importance, any legislative reform concerning waqf properties carries profound implications. Such changes go beyond legal structuring or administrative oversight—they directly affect minority rights, the autonomy of religious institutions, and the state's role in managing or regulating sacred trusts.

Balancing religious freedom with transparent governance is essential. While reforms may aim to curb mismanagement or corruption, they must also safeguard the community’s ownership, participation, and cultural identity. Misguided or unilateral interventions can lead to alienation, mistrust, and erosion of community confidence in democratic institutions.

Therefore, the discourse on waqf legislation must be approached with sensitivity, inclusiveness, and a long-term vision for equitable development. Waqf properties are not just remnants of historical endowments they are living institutions capable of driving social change and fostering inclusive nation-building.

The Waqf Amendment Bill: A Step Toward Reform or Rising Controversy?

The Waqf Amendment Bill represents a pivotal move in reshaping the governance of religious endowments, particularly Waqf properties, across India. Traditionally managed by Waqf Boards under the Waqf Act, these properties have long been the subject of public concern due to alleged mismanagement, encroachments, and lack of transparency.

The Amendment Bill seeks to introduce structural changes aimed at ensuring greater accountability and efficiency. Provisions in the bill likely address issues such as digitization of waqf records, stricter regulatory oversight, and perhaps redefining the powers and composition of the Waqf Boards. The intention is to curb misuse and promote better utilization of waqf assets for the welfare of the community.

However, the Bill has sparked debates among political, religious, and civil society groups. Critics argue that certain provisions could centralize power, reduce community participation, or infringe upon religious autonomy. Others see it as a long-overdue reform that can unlock the potential of Waqf properties for education, healthcare, and community development.

Whether the Waqf Amendment Bill leads to improved transparency or triggers further controversy will depend heavily on its implementation and the extent to which it considers the concerns of various stakeholders. As discussions continue, one thing is evident: the demand for a transparent, accountable, and inclusive framework for managing Waqf properties is more urgent than ever before.

The Rising Debate: Reform vs. Control

While the Bill has been welcomed by those demanding reform and modernization, it has also raised several concerns among stakeholders. Critics argue that centralizing powers or altering the composition of waqf boards could weaken community representation and infringe upon religious autonomy. Some fear it may pave the way for political interference or land acquisition under the guise of reform.

Community leaders, legal experts, and civil rights activists have called for greater consultation and clarity in framing the rules, emphasizing the need for a balanced approach that safeguards community interests while ensuring robust governance.

Conclusion

The future of the Waqf Amendment Bill and by extension, the future of waqf properties in India rests heavily on its implementation. Transparent procedures, inclusive governance, and protection against political misuse will be crucial. A reformed system has the potential to unlock vast resources for education, healthcare, housing, and welfare, especially for marginalized groups. As the nation continues to debate and refine the legislation, one fact remains undeniable the urgency for a transparent, accountable, and community-driven framework for waqf property management has never been greater.