Government pushes Waqf Bill despite community concerns

Source: The post Government pushes Waqf Bill despite community concerns has been created, based on the article “Modi government’s Waqf Bill is what myopic community leaders should have feared” published in “Indian Express” on 3rd April 2025. Government pushes Waqf Bill despite community concerns.

UPSC Syllabus Topic: GS Paper2- Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context: The government is pushing the Waqf (Amendment) Bill despite widespread discontent. The Bill proposes major changes to the Waqf Act, 1995, including renaming it as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. This has raised concerns over its legal, religious, and community impact, especially among Muslims.

Historical Background of Waqf Law in India

1. Pre-Independence

• The concept of waqf began during the Prophet Muhammad’s time as a religious endowment to Allah.
• The Waqf Validating Act, 1913 was the first major legal framework under British rule.
• It recognised waqf-alal-aulad (for descendants) and allowed Muslims to dedicate property for religious and charitable purposes.

2. Post-Independence

• The Waqf Act, 1954 introduced a formal system for managing waqf properties.
• It was replaced by the Waqf Act, 1995, which introduced provisions for waqf by declaration, long-term use, and waqf-alal-aulad.
• A 2013 amendment sought to improve the Act but drew criticism from sections of the Muslim community.
• Waqf institutions are protected by Articles 25 and 26 of the Constitution, which guarantee religious freedom and institutional autonomy.
• India has one of the largest waqf landholdings globally, with properties like mosques, graveyards, and charitable centres.

Major Changes Proposed in the Amendment Bill

1. Eligibility and Definition of Waqf

• Only a person who has practised Islam for five years can now declare a waqf.
• This contradicts Islamic doctrine, which defines a Muslim by faith, not by practice duration.
• The removal of waqf by user and changes to waqf-alal-aulad create legal contradictions, especially regarding inheritance.

2. Concentration of Authority

• Powers of the waqf surveyor are shifted to the district collector or their nominee, centralising control.
• The collector is also empowered to resolve land disputes between waqf and government, which is concerning due to past cases like the 123 waqf properties acquired in Delhi.

3. Structural and Representation Changes

• Including Muslim women in Waqf Boards is a positive inclusion.
• However, appointing two non-Muslims goes against the religious character of the institution.
• The proposal to create separate Auqaf Boards for Bohras and Agakhanis, in addition to Sunni and Shia boards, could fragment the Muslim community.

4. Administrative and Legal Reforms

• A central portal for waqf registration is a modern and welcome move.
• But, new mutation procedures under revenue laws may burden small waqfs with limited resources.
• Reducing tribunal members and removing experts in Islamic law weakens the tribunal’s effectiveness.
• Allowing appeals to the High Court within 90 days may cause delays in justice delivery.

5. Omission of Protective Clauses

• Removing Sections 107, 108, and 108A reduces waqf protections.
• Making the Limitation Act applicable may prevent rightful claims.
• Elimination of provisions on evacuee waqf properties and overriding powers of earlier laws weakens legal safeguards.

Conclusion

The Bill, while presenting itself as a reform measure, centralises authority, weakens religious and community autonomy, and ignores the development potential of waqf properties. Rather than strengthening waqf governance, it may threaten India’s tradition of unity in diversity by imposing uniformity on a culturally distinct institution.

Question for practice:

Examine how the proposed Waqf (Amendment) Bill affects the legal, religious, and administrative autonomy of waqf institutions in India.