Note4Students
From UPSC perspective, the following things are important :
Mains level: Major key Amendments;
Why in the News?
After over 12 hours of debate and late-night voting, tensions rose over ministers taking a break and Congress faced criticism from INDI allies over supporting a government-backed Bill.
What are the key provisions of the Waqf (Amendment) Bill?
- Inclusion of Non-Muslim Members: The Bill makes it mandatory to have at least two non-Muslim members in both the Central Waqf Council and State Waqf Boards. Eg: A State Waqf Board in Uttar Pradesh will now include two non-Muslim members to ensure diversity and broader oversight.
- Enhanced Transparency and Accountability: The bill mandates the digitization of all Waqf records on a centralized portal, ensuring real-time monitoring and preventing unauthorized transactions. Eg: Waqf institutions earning over ₹1 lakh annually must undergo audits by state-sponsored auditors.
- Women Must Receive Inheritance Before Waqf: Before any property is dedicated as Waqf, women must receive their rightful share of inheritance under Islamic law. Eg: A man cannot donate ancestral property to a mosque as Waqf unless his daughters have first received their inheritance portion.
- Waqf Boards Cannot Arbitrarily Declare: The amendment removes the Waqf Board’s earlier power to unilaterally declare any property as Waqf without due process. Eg: If there’s a dispute about a piece of land, the Waqf Board must now legally verify ownership instead of directly labeling it as Waqf land.
- Restructuring of Waqf Tribunals: The structure of Waqf Tribunals is changed to include a district judge, a joint secretary-level government officer, and an expert in Muslim law. Appeals can go to the High Court within 90 days. Eg: A property dispute handled by the Waqf Tribunal in Delhi can now be appealed in the Delhi High Court within three months.
Why did the Opposition criticize the Bill?
- Violation of Religious Freedom and Philanthropy Rights: The Opposition argued that banning non-Muslims from creating Waqf violates their freedom to donate or support causes of other religions. Eg: If a Hindu philanthropist wishes to donate land to a mosque for educational purposes, the law now prohibits it from being treated as Waqf.
- Interference in Personal and Religious Affairs: Critics said the Bill marks excessive state interference in the religious practices of Muslims, especially by restructuring Waqf Tribunals and mandating non-Muslim representation in Waqf Boards. Eg: The inclusion of non-Muslims in bodies managing Islamic religious endowments is seen by some as an imposition on community autonomy.
- Lack of Consultation and Political Targeting: Opposition parties claimed the Bill was introduced without adequate consultation with stakeholders, including Muslim scholars, religious leaders, or civil society groups. It was viewed as part of a broader political narrative targeting minorities. Eg: The sudden change in who can create Waqf (only Muslims with 5+ years of practice) was criticized as being done without meaningful dialogue with the affected community.
How much property is currently recorded under Waqf in India?
- Registered properties: As of March 2025, Waqf boards in India manage approximately 8.72 lakh (872,000) registered properties, encompassing over 38 lakh (3.8 million) acres of land. Eg: Uttar Pradesh: Approximately 2.1 lakh Waqf properties, West Bengal: Around 78,000 properties and Kerala: About 55,000 properties.
- Spread Across Prime Urban and Rural Areas: Waqf land is spread across prime locations in cities and fertile lands in villages, often facing issues of encroachment and poor management. Eg: In Delhi and Mumbai, many Waqf lands are located in commercial hubs, but are underutilized or illegally occupied.
Who can donate to Waqf under the new law?Under the Waqf (Amendment) Bill, 2025, only practicing Muslims who have been adhering to their faith for at least five years are eligible to donate property as Waqf. This provision aims to ensure that donations are genuine and voluntary, reinstating a pre-2013 rule |
How has this changed from the 2013 Waqf Act?
| Aspect | Waqf Act, 2013 | Waqf (Amendment) Bill, 2025 |
| Who can create Waqf | Any person (including non-Muslims) could create a Waqf | Only practicing Muslims (for at least 5 years) can create Waqf |
| Inclusion of non-Muslims in Waqf Boards | Only Muslims were members of Waqf Boards and the Central Waqf Council | At least 2 non-Muslim members must be included in both Boards and Council |
| Waqf Board’s power to declare property | Waqf Boards could unilaterally declare any property as Waqf (Section 40) | This power is removed; Boards cannot declare any property Waqf without due process |
| Women’s inheritance rights in family Waqf | Not clearly defined or enforced | Ensures women receive inheritance before family property is converted into Waqf |
| Composition of Waqf Tribunals | Tribunals had members appointed by the state, often lacking legal or religious expertise | Must include a district judge, joint secretary-level officer, and Muslim law expert |
| Appeal Mechanism | Appeals were limited and unclear in some cases | Clear provision for appeal to the High Court within 90 days |
Way forward:
- Promote Inclusive Dialogue and Trust-building: Establish structured consultations with religious leaders, civil society, and legal experts to address concerns and foster transparency.
- Strengthen Implementation with Oversight: Ensure effective digitization, fair dispute resolution, and regular audits through independent oversight bodies to prevent misuse and encroachment.
Mains PYQ:
[UPSC 2019] What are the challenges to our cultural practices in the name of secularism.
Linkage: Potential conflicts between secular principles and the freedom to practice cultural and religious traditions in India.
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