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The AIMPLB has launched countrywide protests saying the new legislation is against the community. Multiple opposition-ruled states have passed resolutions against the bill, while opposition in Parliament are united against it
The Waqf Amendment Bill is arguably the most politically contentious legislation to come up so far in the BJP’s new term. (Image: PTI/File)
Parliament is getting ready for a stormy week amid speculation that the Centre is set to table the Waqf Amendment Bill in both Houses.
The All India Muslim Personal Law Board (AIMPLB) has launched countrywide protests saying the new law is against the community. Multiple opposition-ruled states have passed resolutions against the bill, while opposition parties in Parliament are united against it. Some like AIMIM leader Asaduddin Owaisi are even saying Muslims will never forgive NDA allies like Janata Dal (United), Telugu Desam Party (TDP), Chirag Paswan and Jayant Chaudhary, if they back it.
All this has raised a big question – is a protest on the scale of the Citizenship (Amendment) Act being planned? Is this even justified after a joint parliamentary committee (JPC) produced a 944-page report, including 300 pages of dissent from opposition parties, after nearly six months. Also, will the central government bring and pass the bill in the current budget session or put it off for now, given the upcoming Bihar assembly elections? The Waqf Amendment Bill is arguably the most politically contentious legislation to come up so far in the BJP’s new term.
WHAT IS WAQF?
A Waqf is a permanent dedication of movable or immovable property for religious, pious, or charitable purposes. The management of Waqf properties is governed by the Wakf Act, 1995, and is overseen by state waqf boards and the Central Waqf Council.
There are 8.72 lakh registered Waqf properties, spanning an area of 37.39 lakh acres in the country. However, only 1,088 properties have registered Waqf deeds, and 9,279 others have ownership rights establishing documents.
WHAT ARE THE DRAWBACKS OF WAQF?
There is a lack of inclusivity, with marginalised Muslim communities like Aghakhanis, Bohras, backward Muslims, women as well as non-Muslims getting little representation. This is even though Waqf properties are endowed by various Muslim sects.
It raises questions if Waqf is working for the welfare and upliftment of disadvantaged communities and the poor, who are excluded from its benefits and remain excluded from decision-making. Women, the Pasmanda community, and non-Muslims are entirely excluded from Waqf governance.
Another big drawback – Section 40 of the Wakf Act allowed the Waqf Board to declare any property as Waqf based on information collected by it that it has reason to be. This has led to big disputes as one can challenge this before a tribunal whose decision will be final – one cannot go to the courts. There is also widespread encroachment – nearly 60,000 Waqf properties are encroached upon.
WHAT IS THE GOVERNMENT PLANNING TO DO?
Let’s break it down to five massive changes:
Waqf deeds have been made compulsory. All property details must be uploaded on a portal within six months. Any government property declared as Waqf before or after the Waqf Amendment Act, 2025, will not be considered Waqf property. An officer above the rank of collector will conduct an inquiry as per law to determine whether a Waqf property is government property or not. All this will provide clarity on ownership and avoid unnecessary litigation.
To ensure creation of Waqf is genuine, only individuals practising Islam for at least five years will be able to dedicate property to Waqf. The person must legally own the property and be competent to transfer or dedicate it.
Section 40 that allowed the Waqf Board to declare any property as Waqf will no longer exist, to rationalise the power of the Waqf Board. Also, tribunal decisions will no longer be final; appeals can be filed in the high court within 90 days. A district collector will verify the genuineness of registration applications
There will be at least two Muslim women in the Central Waqf Council and state Waqf boards, and one member each from the Bohra and Aghakhani communities in state/UT Waqf boards. Muslims belonging to backward classes will be part of the boards as well, which will have two non-Muslim members. State governments can also establish separate Waqf boards for Bohra and Aghakhani communities. All this is with the idea of promoting inclusivity and diversity in Waqf property management.
A highly important provision is that long-standing Waqf properties like mosques and graveyards are being given protection. Some properties in the past became Waqf based on their long-term use for religious or charitable purposes, even without formal documentation. While this provision will no longer be there as Waqf deeds are becoming compulsory, protection will be given to Waqf properties like mosques and graveyards already registered with the Waqf Boards on or before the commencement of this Act, unless they are disputed or classified as government property.
But, this has neither satisfied the AIMPLB, or the opposition parties who say the law is being brought in with communal intentions.
WHY THE PROTESTS?
The board has called for nationwide protests saying the new Waqf law is against Muslims and a conspiracy to usurp Waqf properties. There was a protest at Jantar Mantar attended by opposition leaders from the Congress and Samajwadi Party, as well as Owaisi.
The AIMPLB protests in Bihar and Andhra Pradesh are aimed at pressuring the state governments led by Nitish Kumar’s JD(U) and N Chandrababu Naidu’s TDP, both NDA allies.
The AIMPLB also asked Muslim men to offer the ‘Alvida Jumma’ Friday prayers last week with black armbands and, in many mosques, it was used to alert the community to the repercussions if the Bill is passed by Parliament. The line from the Board is clear – if this bill is passed, hundreds of mosques, eidgahs, madrasas, graveyards, and charitable institutions will be taken away from Muslims.
The most vociferous voice against the Bill – inside the JPC, and now outside, is Owaisi. He calls the new law akin to firing bullets at Muslims’ chest, and targeting mosques and dargahs.
He has questioned how non-Muslims could become members of the Waqf Board when only Hindus and Sikhs can be members of temple and gurdwara boards. He has gone to the extent of saying this law is part of the Hindutva agenda to prevent Muslims from following their shariat and religion. Muslims “cannot stay silent” on the Bill, he has said.
Some prominent Hindu voices are also unhappy with the new law, saying, in fact, it is too weak and does not address the real drawbacks of the existing Wakf Act. Advocate Vishnu Shankar Jain, who is behind major causes like the Gyanvapi dispute in Varanasi or the one in Sambhal, said the JPC did not incorporate many of his key suggestions when he deposed before it.
Jain advocates that the Act’s provisions should not apply to private properties of Hindus, too, and those under the charge of the Archaeological Survey of India (ASI). The new law only puts government properties out of the Waqf.
He also wants sections 28 and 29 of the Waqf Act repealed – these provide for the district administration carrying out orders of the Waqf Board and empowers it to see government records.
WHAT IS THE GOVERNMENT STRATEGY?
So, what is the government strategy as it prepares to bring the Waqf Amendment Bill before Parliament?
The government has defended the new law, saying some are trying to instil fear in and misguiding Muslims. It has described the new law as a crucial reform to enhance transparency, ensure gender equality, and streamline Waqf administration while addressing concerns related to misuse and unauthorised occupation.
Ministers have said the amendments reflect a balanced approach, incorporating diverse perspectives and protecting the rights of beneficiaries, particularly women and marginalised communities. By strengthening governance and accountability mechanisms, the amendments aim to modernise Waqf management while preserving its religious and charitable intent.
The new law will also ensure that adequate potential of Waqf properties is used, significantly benefiting the poor and women, as well as establishment of essential institutions such as hospitals, schools, colleges, and orphanages. The government also intends to provide financial security and end social marginalisation of widows, divorced women, and orphans in the Muslim community.
The government feels that without these reforms, Waqf governance will continue to face inefficiencies, legal conflicts, and public grievances. Ensuring inclusivity is essential for Waqf institutions to fulfil their intended purpose and maximise their impact on society – this is what the government’s stand is.
The Narendra Modi-led government has denied any communal tone in the new law. The fact remains that Waqf Boards are administrative bodies, not religious institutions. In fact, the core function of Waqf Boards is regulatory, not religious.
The government, in fact, has said it is mostly poor Muslims who are suffering from the mismanagement of Waqf boards, and that the Waqf property crisis is affecting even Muslims. It has said the new law is a progressive shift in India’s approach to Waqf governance, and a progressive precedent for Waqf administration globally.