Chicago – March 17, 2025
The Waqf (Amendment) Bill proposed by the BJP-led Union government in August last year is set to be tabled again in the Parliament in the coming days in the second leg of the Budget Session. The bill, which sailed through a Joint Parliamentary Committee (JPC), evading all the changes and suggestions proposed by the Opposition MPs, is expected to spark fierce protests both inside and outside the Parliament.
Announcing a protest against the bill today on March 17, the leaders of All India Muslim Personal Law Board (AIMPLB), which represents different organisations within the Muslim community, said in a press meet, “The Muslim community views this Waqf Amendment Bill as a direct attack on the community. It is evident that the BJP’s politics thrive on communal polarisation and the strategy of ‘divide and rule.’ However, its allied parties must decide how far they are willing to align with this divisive agenda.”
Introducing the bill in Parliament on August 8, 2024, Union Minister Kiren Rijiju had claimed, “With this bill, there is no interference in the freedom of any religious body….Forget about taking anyone’s rights, this bill has been brought to give rights to those who never got them….”
However, Muslim organizations and legal experts feel that a closer look at the new amendments hints at a careful intrusion into the religious freedom of Muslims and therefore challenges the very structure of secularism.
What are the 2024 Amendments aimed at?
According to the government, the Waqf (Amendment) Bill, 2024 aims to amend the 1995 Act with the goal of “enhancing the regulation and management of waqf properties across India.” One of its key provisions is the mandatory inclusion of non-Muslims in the management of Waqf affairs, particularly within the Central Waqf Council and State Waqf Boards.
The bill seeks to remove the ‘waqf by user’ provision, which allows a property to be treated as Waqf based on its long-term use for religious or charitable purposes, even without formal documentation. The bill also prevents a Muslim from giving Waqf before completing five years since embracing Islam.
Other key provisions of the bill include replacing the Survey Commissioner with the Collector, who will now have the authority to conduct surveys of Waqf properties. Additionally, the bill grants the Collector the power to determine the ownership of a government property identified as Waqf.
The bill curbs the power of Waqf Tribunals and introduces provisions for appealing its orders to the High Court within 90 days. It also removes the Muslim law expert from the tribunal panel. The bill emphasizes the use of technology to streamline the registration of Waqf properties and establishes separate Waqf boards for minority sections within Muslims, such as the Aghakhani and Bohra communities.
