Waqf Amendment Bill 2025

Introduction

The Waqf Amendment Bill 2025 was introduced in Lok Sabha on August 8th, 2024, and passed on April 3rd, 2025, by the Lok Sabha to rectify the problems with the Waqf Act 1995. The bill aims to reform the management of the waqf properties across the country. The amendment bill of 2025 was passed in both houses; with 288 votes in favour and 232 against in the Lok Sabha, and 128 votes in favor and 95 against in the Rajya Sabha. The bill seeks to overpower the Waqf Act of 1995 which governs the administration of Waqf properties lands and assets donated by Muslims for religious, charitable, or community purposes.  The government, with this amendment also aims to protect heritage sites and individual property rights in the country. As of September 2024, Waqf Boards in 25 states and union territories have listed 5,973 government properties as Waqf properties.

Historical background

The word “waqf” originated from the Arabic word “Waqufa” which means the permanent dedication or transfer of an immovable or moveable property for any purpose adored in Islam as pious, religious, or charitable (Section 3(r) of The Waqf Act, 1995). The Waqf Act was enacted in 1954 which provided a pathway toward the centralization of Waqfs. Also, the Central Waqf Council of India, a statutory body was established in 1964 by the Government of India under the Waqf Act of 1954. This central body oversees various state Waqf boards established by the provisions of Section 9(1) of the Waqf Act, 1954. In 1995 the waqf act was made propitious for the Muslim community it was made to govern the waqfs property like mosques, idgahs (prayer area), dargahs (shrine), khanqahs (Sufi gathering area), imambaras (mourning area), and qabristans (graveyards), among others.

The Waqfs board was established under sec 13(1) of the Waqfs Act 1995. This act provided for the powers and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer. It also provided the powers and restrictions on a waqf tribunal that acts similar to a civil court.  It has been provided in the act that its decision shall be final and binding on the parties and no suit or legal proceedings shall lie under any civil court, thus making the Waqf Tribunal decisions above any civil court.

 In 2013, some amendments were made to the Waqf Act 1995 to make the management more efficient and transparent. However, the amendments fail to improve transparency and effective management. On 8th December 2023, the Waqf Repeal Bill 2022 was produced in the Rajya Sabha.

Key reforms

1.   Separation of Trusts from Waqf: Muslim-created trusts under any law will not be considered waqf, ensuring individuals retain full control over their trusts.

2.   Dedication of Waqf properties by practicing Muslim: Only person practicing Islam for at least five years can dedicate his own property to waqf. This will restore substantially the earlier position that existed before Waqf (Amendment) Act, 2013 where there was a change in person entitled to do waqf from “any person professing Islam” to “any person”.

3.   Formation of waqf:  The Act allows waqf to be formed by:

(i)    declaration,

(ii)   recognition based on long-term use (waqf by user), or

(iii)   endowment when the line of succession ends (waqf-alal-aulad).  The Bill states that only a person practicing Islam for at least five years may declare a waqf.  It clarifies that the person must own the property being declared and removes waqf by user.  It also specifies that waqf-alal-aulad must not disinherit heirs, including female heirs. 

4.   Protection of ‘Waqf by User’ Properties: Properties already registered with Waqf Boards will remain so unless disputed or identified as government land. As per WAMSI (Waqf Assets Management System of India), there are 4.02 lakh Waqf by User properties out of total 8.72 lakh waqf properties as of today.

5.   Women’s Rights in Family Waqf: Mandating that women receive their rightful inheritance before any waqf dedication, with special provisions for widows, divorced women, and orphans.

6.   Transparent Waqf Property Management: Mutawallis must register property details on a central portal within six months, enhancing accountability.

7.   Government Land and Waqf Disputes: An officer above the rank of Collector will investigate government properties claimed as waqf, preventing unwarranted claims.

·       As per data received on 05.09.2024 from 25 out of 32 States/ UTs Waqf Boards, a total of 5973 government properties have been declared as waqf properties.

·       ASI informed the JPC during their presentation on 06.09.24, 132 protected monuments have been declared as waqf properties.

·       MoHUA (Ministry of Housing and Urban Affairs) informed the JPC during their presentation on 05.09.24, that 108 properties under control of Land and Development Office, 130 properties under control of Delhi Development Authority and 123 properties in the public domain were declared as waqf properties and brought into litigation.

8.   Non-Muslim Representation in Waqf Boards: The inclusion of two non-Muslim members in both Central and State Waqf Boards acknowledges diverse stakeholders.

9.   Application of the Limitation Act: The Limitation Act, 1963, will now apply to waqf property claims, aiming to reduce prolonged litigation.

10.  Annual Audit Reforms: Waqf institutions with annual earnings exceeding ₹1 lakh must undergo audits conducted by State Government-appointed auditors.

11.   Addressing Unlawful Claims: The Bill removes Section 40, which previously allowed Waqf Boards to arbitrarily claim properties as waqf, preventing instances such as the declaration of entire villages as waqf:

·       Thiruchenthurai Village, Tamil Nadu –

·       Govindpur Village, Bihar

·       15,000 acres in Karnataka (Vijayapura, Chitradurga, Yadgir, Dharwad, Ballari)

·       Surat Municipal Corporation Headquarters

·      Kerala (September 2024): Around 600 Christian families in Ernakulam challenged the Waqf Board’s claim over their land, leading to legal action and petitions before the Joint Parliamentary Committee.

As per information out of 30 States/UTs, data was given only by 8 States where 515 properties have been declared as waqf under Section 40.

What was the need for change

Constitutional Validity: the constitutional validity of the waqf act has always been in question because no such act of any other religion has ever been in existence. The act allows the board to claim over any property as waqf property and there was no limitation to it. A PIL has already been filed in the Delhi High Court questioning the same.

Mis-use of Provisions: it has been observed over the years that the state waqf board has misused the provisions of the act for their own profits. Section 40 of the waqf act 1995 which gave board the power to acquire and declare any property as waqf property has been misused which had caused huge losses to private individuals as well as the government.

No Judicial Oversight: there was a lack of judicial oversight over the Waqf tribunal because according to the Waqf Act, decisions made by the Waqf tribunal cannot be further challenged in any court of law which undermines transparency, and accountability in the management of Waqf properties. Also, there were a lot of pending cases in the waqf tribunal, and the judgment takes multiple years to knock on the door of the complainant.

Litigation and Mismanagement: The ineffectiveness of the Waqf Act of 1995 and its 2013 revision has been criticised, resulting in problems like as ownership disputes, encroachment, poor administration, and delays in registration and surveys. The Ministry has also been informed of a variety of concerns pertaining to the ownership title and possession of Waqf Properties, including registration complaints and grievances, tribunal operations, and associated high-volume litigation, among other things.

Properties owned by waqf board

Conclusion

The Waqf amendment bill introduced several reforms by putting a stop on Waqf board to claim anyone's property by the removal of section 40 of the act. Bill also added a chain of command to the waqf tribunal by giving the High Court the power to entertain the cases decided by the waqf tribunal and providing a government oversight upon the waqf board. It also talks about non muslim representation in waqf board and annual audit reforms of the waqf board. Overall, the amendment bill of 2025 is presented to protect individuals, women, and government interests and work for the welfare of the citizens as well as the state.