The Waqf amendment bill, rechristened as Unified Management Empowerment Efficiency and Development (UMEED), having been passed in both the Houses of parliament, is now law of the land, provided the Supreme Court does not strike it down as ultra vires.
The political wrangling apart, The Waqf Amendment Bill, 2025, states in its objective, that it aims to amend the Waqf Act, 1995 to streamline the (Waqf) board’s work and ensure efficient management of Waqf properties. Other objectives of the bill is to enhance the efficiency of Waqf Boards, stop its misuse especially for illegal land grabbing.
The Ranjinder Sachhar Committee’s 2006 report highlighted a significant disparity in the utilization of Waqf funds. The committee found that:
- Rs. 1200 crores was expected to be spent for the benefit of poor Muslims from Waqf properties.
- The committee raised concerns about the effective utilization of Waqf funds to support the the poor and marginalized people from the muslim community.
- Waqf funds are meant to provide scholarships, build schools, and promote educational institutions as well as to fund hospitals, clinics, and other healthcare services and support income-generating activities to help the poor.
- However only Rs. 170 crores was shown as spent, and that too only for maintenance purposes.
Before going into the present amendments, let’s see some of the shocking facts that came to light:
Tamil Nadu: An entire village, Thiruchenthurai, where a farmer went to sell his land but the revenue officials said that the entire village is Waqf property and that he should bring “No Objection” certificate from the Waqf Board. As this scribe has handled similar Christian properties as an Advocate, he was contacted by many but the big question was to move only the Waqf Board consisting of only members from the Muslim community. Further such incidents were reported from many parts of the country. It is said public memory is short but press memory is shorter. The reported incidents as appeared in many newspapers are:
Bihar: In August 2024, The Bihar Sunni Waqf Board’s claim over an entire village, Govindpur, affected seven families, leading to a case in the Patna High Court. The case is sub-judice.
Kerala: In September 2024, around 600 Christian families in Ernakulam district are contesting the Waqf Board’s claim over their ancestral land.
Karnataka: In 2024, Farmers protested after the Waqf Board designated 15,000 acres in Vijayapura as Waqf land. Disputes also arose in Ballari, Chitradurga, Yadgir, and Dharwad.
Uttar Pradesh: Complaints have been raised against alleged corruption and mismanagement by the State Waqf Board.
Delhi: Over 123 properties under control of Delhi Development Authority (DDA) were declared as Waqf properties and brought into litigation.
Punjab: Properties of the Education Department in Patiala were claimed as Waqf property and whether litigation is on or not is not known to this scribe, readers of this portal may suitably inform.
This scribe as an Advocate happened to contest similar cases claimed to belong to some Christian diocese and a property usurped by Hindu Religious and Charitable Endowment (HRCE) department.
In Delhi finally it was decided that a writ petition under Right to Life would lie in the High Court. As, if one aggrieved party goes before the Waqf Board, after the decision of which there could not be any appeal and after right to property was declared no more a fundamental right (Indira Gandhi period amendment), under Article 21 and 19 a writ will lie. However given the snail pace cases crawl, it would take another generation to finally get a decision.
Now an aggrieved person is enabled to approach the civil court with this amendment, but again, it would take generations which we would discuss later.
Amendment apart, Waqf had the aim of sacred duty of a human being. Which is “Charity” one of the five or seven duties mandated by Islam. The Prophet in his wisdom must have deemed fit, nobly so, that a person should apportion certain portion of income for charity and especially for widows and divorced women. But in practice nothing of this sort is done and properties usurped by power people pass on for generations to their kith and kin. When this scribe wrote about a hapless person whose property was grabbed, there were sharp reactions and even I was accused of “communal posts”. But at the risk of being labeled with any sticker, one should dispassionately look at the ground reality.
Now let us come to the 2025 amendments: in the 1995 Act, under section 73 if a bank or a person ordered to make any payment, the decision of the Board shall be final. This is now done away with. Under section 83 an affected or aggrieved party can move the high court directly but this is with an if, that is if the Waqf Board is not functioning or there is no board.
Even now, an aggrieved party has to go to the Board but the only relief is that the decision of the Board would not be final, as was amended in 2013 vide section 108A which said that the Board’s decision shall be final. This section itself is now removed. Like wise under Section 55A, the 2013 amendment provided that if the CEO is unable to decide, shall refer it to Board. The 2025 amendment Act omits the words that Waqf decision would be final.
Inclusion of non-Muslim members in the Central and State Waqf Boards is the contentious issue but this is said to enhance inclusivity as non-Muslim parties aggrieved may now feel comfortable to approach the board with grievances.
Another hot issue is removal of section 40 in the 1995 Act in this 2025 amendment. The pre-amendment provision gave power to a Waqf Board to collect information and decide whether a property is a Waqf property and claim it in the revenue records.
“The Board may itself collect information regarding any property which it has reason to believe to be waqf property and if any question arises whether a particular property is waqf property or not or whether a waqf is a Sunni waqf or a Shia waqf, it may, after making such inquiry as it may deem fit, decide the question. The decision of the Board on a question under sub-section (1) shall, unless revoked or modified by the Tribunal, be final. Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is waqf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is waqf property, call upon the trust or society, as the case may be, either to register such property under this Act as waqf property or show cause why such property should not be so registered:Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to the authority by whom the trust or society had been registered. The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be final, unless it is revoked or modified by a Tribunal.
However, the thrust of this article is to argue Land Reform has been a long debate since independence and roof over every head has been a pipe dream for long.
As it has been contended that not even a single dog should feel hungry, everyone is entitled to an accommodation. And hence Land Reforms, long debated in parliament and the judiciary should aim this and not just amendments to Muslim/Christian/Hindu and other religious properties alone.
Some of the features are given below, which can be perused by interested readers:
The Waqf Amendment Bill eliminates the ‘Waqf by user’ provision, which previously allowed properties to be designated as Waqf solely based on their long-term use for religious activities.
However, according to the Waqf Amendment Bill 2025, all waqf-by-user properties registered before the bill’s enactment will retain their status, except for those involved in disputes with the government.
Removal of Section 40: The Waqf Amendment Bill 2025 seeks to abolish Section 40 of the Waqf Act, a provision criticised as overly restrictive, as it granted the Waqf Board the authority to designate any property as Waqf land.
Trusts Excluded from Waqf: Waqf Amendment Bill 2025 establishes a legal separation between trusts and Waqfs, ensuring that trusts created by Muslims, whether before or after the bill’s enactment, do not fall under Waqf regulations if they are governed by other statutory provisions related to public charities.
Waqf Amendment Bill 2025 establishes a legal separation between trusts and Waqfs, ensuring that trusts created by Muslims, whether before or after the bill’s enactment, do not fall under Waqf regulations if they are governed by other statutory provisions related to public charities.
Eligibility for Waqf Dedication: Only practicing Muslims for at least five years will be allowed to dedicate property to Waqf, reinstating the pre-2013 regulations.
Protection of Inheritance Rights: The Waqf Amendment Bill 2025 ensures that women and children must receive their rightful inheritance before any property is declared as Waqf, with special safeguards for widows, divorced women, and orphans.
Application of Limitation Act, 1963: To minimise prolonged legal disputes, the bill introduces the applicability of the Limitation Act, 1963, to Waqf properties from the date the amendment comes into effect.
Protection of Tribal Lands: The Waqf Amendment Bill 2025 explicitly prohibits the establishment of Waqf on lands falling under the purview of Schedule V and Schedule VI of the Constitution to safeguard the rights of tribal communities.
Composition of Waqf Tribunal: While the initial draft proposed reducing the Waqf Tribunal to two members, the revised Waqf Amendment Bill retains a three-member composition based on the recommendation of the Joint Parliamentary Committee (JPC).
Investigation of Government Properties: The Waqf Amendment Bill 2025 mandates that any government land or property claimed as Waqf will be investigated by an officer of a rank higher than that of a collector, ensuring a more transparent and authoritative review process.
Dispute Resolution: In cases of property disputes, a senior government official will have the final authority to determine whether a property belongs to Waqf or the government, replacing the existing Waqf tribunals.
Appeal Mechanism: Furthermore, the Waqf Amendment Bill 2025 introduces a provision allowing appeals to the High Court against Waqf Tribunal decisions, addressing the current gap in which the High Court is granted only limited revisional powers.
Enhanced Transparency: The Waqf Amendment Bill 2025 emphasises better governance of Waqf properties by requiring mutawallis (Waqf property managers) to register all property details on a centralised portal within six months.
Financial Reforms: To provide Waqf institutions with greater financial flexibility, the bill reduces their mandatory contribution to Waqf boards from 7% to 5%, allowing more funds to be directed toward charitable activities.
Income Audit: Additionally, institutions generating an annual income of over ₹1 lakh will undergo government-mandated audits to ensure financial transparency.
Digitization of Waqf Records: One of the most significant provisions of the Waqf (Amendment) Bill, 2025, is the digitization of all Waqf records. This move is aimed at bringing greater transparency to the management of Waqf properties, allowing for real-time tracking, auditing, and monitoring. Digitization will also help to mitigate disputes over ownership and the use of these properties by making records more accessible and easily verifiable.
Empowering Local Authorities and Waqf Committees: The Bill empowers local authorities, as well as Waqf boards and committees, to play a more active role in the administration and decision-making process regarding Waqf properties. By decentralizing authority, the Bill aims to ensure that Waqf properties are managed more efficiently and are used for the intended charitable purposes.
Inclusion of Muslim Women and Underprivileged Groups: A notable feature of the Amendment Bill is its focus on ensuring that Waqf properties contribute directly to the welfare of marginalized groups, particularly Muslim women and the economically disadvantaged. Provisions are included to allocate resources from Waqf properties to empower women and provide financial support for educational and healthcare initiatives. This will help improve their social and economic status within the community.
Strengthening Legal Support for Women: The Bill introduces provisions specifically designed to strengthen legal support for women’s participation in Waqf administration. This is part of a broader effort to promote gender equality in the management of community resources. Women will have a greater say in the governance and decision-making processes related to Waqf properties, contributing to more inclusive and equitable management.
Protection of Heritage Sites: Many Waqf properties are of cultural, historical, and religious significance. The Bill includes provisions to protect these heritage sites from encroachment or misuse. By creating a more robust legal framework, the Amendment Bill ensures that Waqf properties of historical value are preserved for future generations and continue to serve their intended social purposes.
Preventing the Misuse of Waqf Properties: The Bill seeks to eliminate corruption and prevent the misuse of Waqf lands for personal or commercial gains. It introduces stricter regulations to prevent land-grabbing and illegal transactions involving Waqf properties. The Amendment Bill includes more comprehensive checks and balances, improving the accountability of Waqf boards and officials.
Promotion of Social Welfare Projects: The Waqf properties will also be used to promote broader social welfare projects, including educational programs, healthcare facilities, and infrastructure development in communities that are most in need. The Bill directs that a portion of the income from Waqf lands be allocated to support these initiatives, especially those that benefit vulnerable populations.
