Context:
- A Waqf is a permanent endowment made by a Muslim for religious, charitable, or public welfare purposes.
- Once designated as Waqf, the property becomes inalienable it cannot be sold, gifted, inherited, or mortgaged.
- The property is considered to be vested in God, and thus, perpetual in nature.
Key Problems Addressed by the Bill
The Waqf (Amendment) Bill, 2025 seeks to resolve critical governance issues including:
- Lack of transparency in Waqf property management
- Incomplete land surveys and mutation records
- Insufficient legal provisions for women’s inheritance rights
- Surge in pending litigations (from 10,381 in 2013 to 21,618 in 2024)
- Arbitrary powers of Waqf Boards to declare land as Waqf
- Multiple disputes involving government and private land declared as Waqf
- Poor auditing, weak administration, and limited stakeholder representation
Modernizing Waqf Governance
The Bill proposes updates for clarity, fairness, and efficiency in Waqf administration:
- Renaming and redefining key terms to eliminate ambiguity
- Digitization of Waqf records for better transparency and accessibility
- Protection of individual property rights, especially in contested land claims
Case Studies of Disputed Waqf Property Claims
Several contentious Waqf property claims have led to social unrest and legal action:
- Tamil Nadu: Farmer unable to sell land due to Waqf claim over entire village
- Bihar: 7 families in Govindpur facing legal battle in Patna HC
- Kerala: 600 Christian families in Ernakulam contest ancestral land claim
- Karnataka: Protests in Vijayapura and other districts over 15,000 acres declared Waqf land
- Delhi: MoHUA reported 361 government/public properties under litigation due to Waqf claims
Empowering Muslim Women and Legal Heirs
The Bill promotes women’s welfare and inheritance rights through:
- Digitized Waqf management to reduce corruption
- Legal aid centers for resolving family and property disputes
- Support for SHGs, vocational training, and financial independence programs
Key Benefits for Women:
- Scholarships for girls
- Maternity welfare and healthcare support
- Microfinance for women entrepreneurs
- Legal support in cases of domestic violence and inheritance claims
- Pension schemes for widows
Welfare of the Poor and Underprivileged
The Bill enhances Waqf’s role in uplifting marginalized communities by:
- Preventing misuse and encroachment of Waqf assets
- Digitized tracking of Waqf properties through a centralized portal
- Auditing and accounting mechanisms for revenue utilization in:
- Education
- Healthcare
- Livelihood generation
- Affordable housing
Addressing Administrative Challenges
To streamline Waqf operations and coordination, the Bill focuses on:
- Improved transparency and accountability
- Better coordination between Waqf Boards and local authorities
- Regular audits and inspections
- Legal safeguards for stakeholder rights
Inclusive and Representative Governance
The Bill ensures equitable representation of diverse Muslim sects and other stakeholders:
- Mandatory representation from Bohra, Aghakhani, and Backward Class Muslims
- Inclusion of elected local representatives from Panchayats or Municipalities
- Provision for two non-Muslim members on each Waqf Board (excluding ex-officio members)
The Waqf (Amendment) Bill, 2025 aims to establish a secular, transparent, and accountable framework for managing Waqf properties in India. While preserving the spiritual and charitable essence of Waqf, the Bill redefines its regulatory role through:
- Legal clarity
- Stakeholder inclusion
- Digitization and modern governance principles
By addressing longstanding issues and introducing inclusive reforms, the Bill strengthens public trust, community welfare, and efficient administration of Waqf assets across the nation.
Source: PIB
