The Waqf Amendment Bill: Controversy, Protests, and Upcoming Legislative Changes in India

KKN Gurugram Desk | The Waqf Amendment Bill, set to be presented in the Indian Parliament on April 2, 2025, has sparked widespread protests across the country, especially within the Muslim community. The bill seeks to make significant changes to the Waqf Act, which governs the administration of Waqf properties in India. As the bill’s introduction nears, Muslims across various regions have shown their dissent, with protests led by the All India Muslim Personal Law Board (AIMPLB) and other community leaders. This article provides an in-depth look at the Waqf Amendment Bill, the controversy surrounding it, and the government’s stance on the issue.

The Waqf Amendment Bill: Overview and Key Provisions

The Waqf Amendment Bill is poised to bring about substantial changes in the way Waqf properties are managed in India. Waqf refers to property donated for religious or charitable purposes, primarily by Muslims, and is managed by Waqf Boards. The bill is designed to amend the Waqf Act, 1954, and seeks to introduce several new provisions aimed at increasing transparency, governance, and control over Waqf properties.

1. Entry of Non-Muslims into Waqf Boards: One of the major changes proposed by the bill is the inclusion of non-Muslim members on Waqf Boards. The government intends to appoint two non-Muslim members to the board. Additionally, the Chief Executive Officer (CEO) of the Waqf Board could also be a non-Muslim.

2. Increased Participation of Women and Minority Communities: The bill proposes increasing the participation of women and other Muslim sub-groups in the Waqf Board. This includes the inclusion of two women in the Central Waqf Council and the creation of separate Waqf Boards for Bohra and Aghakhani Muslim communities.

3. Increased Government Control: The bill gives the government greater control over the management of Waqf properties. Non-Muslim experts could be involved in the management of Waqf properties, and the government will be able to audit these properties through the Comptroller and Auditor General (CAG).

4. Registration with District Magistrate: The bill mandates that Waqf properties be registered with the District Magistrate’s office to ensure transparency and legal clarity regarding ownership. The government believes that registering these properties in the district headquarters will help streamline the process and ensure better accountability.

5. Waqf Tribunal Reforms: The bill proposes changes to the Waqf Tribunal, with two members instead of the current setup. It also allows for the decisions made by the Waqf Tribunal to be challenged in the High Court within 90 days. This is part of the government’s efforts to ensure fair and transparent legal processes.

Controversy Surrounding the Waqf Amendment Bill

Despite the government’s claims that the Waqf Amendment Bill will improve transparency and governance, the bill has been met with significant opposition, particularly from Muslim organizations and political groups. The All India Muslim Personal Law Board (AIMPLB) has strongly opposed the bill, urging Muslims across the country to protest against it.

On March 28, 2025, during Juma-tul-Vida (the last Friday of Ramadan), Muslims across India, including in Bhopal, wore black armbands to protest against the bill. The AIMPLB had issued a statement urging Muslims to express their opposition peacefully by wearing black armbands while attending Eid prayers. The board believes that the Waqf Amendment Bill will infringe upon the rights and properties of Muslims.

Government’s Response to Protests

The government, however, has firmly stated that the Waqf Amendment Bill is not meant to undermine the rights of Muslims. Parliamentary Affairs Minister Kiren Rijiju stated that the bill is intended to improve the functioning of Waqf Boards and ensure greater transparency. He pointed out that extensive discussions have taken place in Parliament and outside, and he urged all political parties to refrain from misleading the public.

Home Minister Amit Shah, in an interview on March 29, 2025, assured that the bill would not harm any Muslim’s property or rights. He emphasized that the bill is aimed at enhancing the efficiency of Waqf property management and ensuring accountability.

Historical Context of the Waqf Act

The Waqf Act, 1954, was enacted to provide legal governance for properties donated for religious purposes by Muslims. These properties were to be managed by Waqf Boards. The legal framework was established after the partition of India in 1947 when many Muslims left for Pakistan, and many Hindus migrated to India. The Waqf Act was designed to manage the properties left behind by Muslims who had migrated to Pakistan.

In 1955, amendments to the original Waqf Act allowed for the establishment of Waqf Boards in different states to oversee the management of Waqf properties. Today, there are 32 Waqf Boards across India, including separate boards for Shia and Sunni Muslims in several states.

The Scope and Management of Waqf Properties

Waqf Boards are responsible for the management and maintenance of Waqf properties, which include land and other assets. The properties are meant to be used for charitable purposes, such as religious activities, education, and welfare initiatives. The boards also manage the revenues generated from these properties.

As of 2022, the Indian government reported that there are over 7.8 lakh Waqf properties in India, with the highest number of properties in Uttar Pradesh. The total estimated value of Waqf properties in India is over ₹1.2 lakh crore, according to estimates by the Ministry of Minority Affairs.

Why is the Modi Government Pursuing the Waqf Amendment Bill?

Legal experts like Supreme Court lawyer Virag Gupta suggest that the government’s push for the Waqf Amendment Bill is motivated by the need to increase transparency and ensure better management of Waqf properties. The government has cited several reasons for the amendments:

1. Lack of Transparency: Waqf properties have historically been subject to mismanagement and lack of proper accounting. By allowing for government oversight and involving non-Muslim experts in the management, the government believes that transparency will be enhanced.

2. Ensuring Equal Representation: The inclusion of women and minority Muslim communities, like the Bohra and Aghakhani, in the management of Waqf properties is seen as a step towards greater inclusivity and fairness.

3. Preventing Misuse of Properties: By requiring Waqf properties to be registered with the District Magistrate’s office, the government hopes to prevent the misuse of these properties and ensure that their revenue is being utilized for the intended charitable purposes.

4. Facilitating Legal Disputes: The proposed changes to the Waqf Tribunal are aimed at speeding up the legal process and ensuring that disputes over Waqf properties are resolved in a timely manner.

The Waqf Amendment Bill has raised important questions about the future of Waqf properties in India and their governance. While the government asserts that the bill is designed to improve transparency and accountability, critics argue that it may infringe upon the rights of the Muslim community and undermine the autonomy of Waqf institutions.

As the bill moves forward in Parliament, it will be essential to monitor the debates and discussions closely to understand its full implications. Whether the Waqf Amendment Bill will achieve its intended goals or further inflame tensions remains to be seen.

For now, protests like those witnessed in Bhopal on Eid and the continued opposition from various Muslim organizations signal that the debate over the bill is far from over. The coming days will determine whether this controversial piece of legislation will pass or whether further amendments will be made to address the concerns of the Muslim community.