Heramba Nath
(herambanath2222@gmail.com)
In a move that has sparked in tense debate across the political and religious spectrum, the Lok Sabha has passed the Waqf (Amendment) Bill, 2025, following a marathon twelve-hour discussion. With 288 votes in favour and 232 against, the bill has drawn sharp reactions from both its proponents and critics. The government has hailed it as a necessary step to bring transparency and efficiency to the management of Waqf properties, while the opposition has vehemently opposed it, calling it an infringement on religious autonomy and an attempt to dilute the influence of the Muslim community over its sacred endowments.
At the heart of the bill lies the contentious proposal to include non-Muslim members in Waqf boards. While the government argues that this will lead to better oversight, accountability, and governance, the opposition sees it as a blatant encroachment on a historically community-led institution. Additionally, the bill allows for the appointment of non-Muslim Chief Executive Officers to Waqf boards, a move that has been criticised as an unnecessary interference in religious matters. The government counters that these appointments are purely administrative and aimed at enhancing professional management practices to curb alleged financial mismanagement. Critics, however, fear that this move could lead to a shift in decision-making power, reducing the influence of the Muslim community over Waqf assets.
One of the most controversial provisions of the bill is the abolition of the concept of ‘Waqf by user’, which has historically allowed properties to be deemed Waqf if they have been used for religious or community purposes over a long period, even in the absence of formal registration. This provision, the government argues, has led to numerous legal disputes and exploitation. However, critics warn that its removal could strip many longstanding Waqf properties of their status, making them vulnerable to legal challenges and potential takeover by external entities. Many religious leaders have expressed concerns that this move could result in the loss of significant historical and cultural landmarks associated with the Waqf system.
A significant administrative overhaul introduced by the bill is the mandatory centralisation of Waqf property records. All properties must now be registered in a national database within six months of the bill becoming law. The government insists that this measure will prevent encroachments, eliminate fraudulent claims, and ensure that Waqf properties are utilised for their intended purpose. While some experts have welcomed this move as a step toward better documentation, others have expressed fears that the registration process could lead to bureaucratic delays, inconsistencies, and even the potential exclusion of certain properties due to procedural loopholes. Legal experts also caution that the sudden imposition of a strict registration deadline may create complications for Waqf boards struggling with resource constraints.
Defending the bill, the Union Home Minister accused the opposition of spreading misinformation to create unnecessary panic. He emphasised that the bill does not target any community but rather seeks to protect Waqf properties from mismanagement and corruption. He pointed out that billions of rupees worth of Waqf assets have been misused over the years, depriving the community of resources that could have been utilised for education, healthcare, and welfare initiatives. However, the opposition remains unconvinced, accusing the government of pushing an agenda that threatens the rights of religious minorities. A senior opposition leader described the bill as an “assault on the fundamental principles of the Constitution”, while another opposition member tore a copy of the bill on the floor of the Lok Sabha, drawing parallels to past acts of defiance against unjust laws.
Beyond the political realm, legal experts have weighed in with divided opinions. Some view the bill as a necessary reform to introduce accountability and governance in Waqf affairs, while others believe it violates constitutional protections on religious freedom. There is growing speculation that the bill, once passed in both houses, will be challenged in court, leading to a prolonged legal battle. Meanwhile, religious organisations have announced plans to hold nationwide protests and demand discussions with the government to address their concerns. Several Muslim organisations and advocacy groups have urged the government to reconsider specific provisions and engage in a consultative process to ensure that the bill does not disproportionately affect the community.
With the bill now moving to the Rajya Sabha, where an eight-hour debate has been scheduled, all eyes are on the upper house. If cleared, the bill will soon become law, but its implementation is likely to face significant resistance on multiple fronts. The debate surrounding the bill has already ignited discussions on religious rights, governance, and the delicate balance between state intervention and community-led institutions. The government’s determination to push ahead with these reforms signals a major shift in Waqf management, one that will shape the future of religious property governance in India for years to come. Whether this legislation brings clarity and efficiency or deepens existing divides remains to be seen, but what is certain is that the discussion surrounding it is far from over.
As the nation watches closely, the response from various stakeholders—including religious bodies, legal experts, and civil society organisations—will be crucial in shaping the discourse around this bill. Whether the government considers amendments or stands firm on its position remains to be seen. In the meantime, protests, legal petitions, and continued debates in the media are expected to intensify, making the passage of this bill one of the most closely watched legislative moves in recent times.