The Waqf (Amendment) Bill 2025, passed by the BJP-led government, attempts to undermine the Muslim community’s constitutional autonomy over religious properties, despite being framed as a reform, raising concerns for minority rights
Published Apr 04, 2025 | 9:00 AM ⚊ Updated Apr 04, 2025 | 9:00 AM
Waqf Board Representational Image
Synopsis: The Waqf (Amendment) Bill 2025, passed by the BJP-led government, has raised concerns about religious autonomy. Critics argue it weakens Muslim control over religious endowments by mandating non-Muslim members on Waqf Boards, violating Article 26 of the Constitution. This move, framed as administrative reform, is seen as an attempt to exert control over Muslim religious affairs, prompting fears of selective intrusion.
In a country as diverse and proudly secular as India, any action that affects the rights of religious minorities must be scrutinised carefully.
The Waqf (Amendment) Bill 2025, which was passed on Wednesday, 2 April, in the Lok Sabha by the BJP-led government, is one such move.
Cloaked in the language of reform, the bill is, at its core, a deliberate attempt to weaken the Muslim community’s constitutional autonomy over religious endowments and properties.
Let it be very clear that the government is not doing this for administrative efficiency. It is doing this to gain control.
Before getting into the technical details of the bill, let us first address the not-so-technical and unprecedented move to mandate non-Muslim members on Waqf Boards.
This decision interferes with the religious autonomy protected by Article 26 of our Constitution. Would we ever consider placing non-Hindus on temple trusts or non-Christians on church boards? If not, why this selective intrusion when it comes to the Muslim community?
Just to break it down—Waqf is a practice in Islamic tradition where a person donates their land or property for a meaningful cause, like running a mosque, or a school, or supporting the poor.
When someone dedicates their property as Waqf, it becomes a lasting charitable endowment that cannot be sold, inherited, or transferred.
According to reports, Waqf Boards in India oversee approximately 8.7 lakh properties covering 9.4 lakh acres—worth approximately ₹1.2 lakh crore—making them the third-largest landowners in the country.
The government perceives an opportunity in these vast holdings and is targeting this land through legislative measures like the Waqf (Amendment) Bill, aiming to assert greater control over these assets.
The first thing this bill does is eliminate the idea of “waqf by user,” which has traditionally protected old mosques and dargahs that might not have official papers but have long been used for worship.
Under the amendment, a property can no longer be classified as waqf simply because it has been used for religious or charitable purposes over time; instead, a formal declaration from the owner is required.
This move could trigger a wave of legal battles and risk the loss of historically significant sites.
Even more worrying is the shift in how disputes will be resolved. Independent Waqf Tribunals are being bypassed in favour of government officials like District Magistrates—individuals who often lack the training or sensitivity to handle religious matters and may be influenced by political pressures.
This compromises transparency and gives unchecked power to the state.
As a leader who has worked with the community for decades, I find it deeply disturbing that this bill applies only to registered waqfs, leaving the majority—those unregistered due to historical or administrative reasons—completely vulnerable.
It’s worth remembering that the BJP itself had promised Waqf reform back in 2009, citing the recommendations of the K. Rahman Khan Committee Report.
They had vowed to consult Muslim leaders and remove encroachments. Today, the approach is the opposite—unilateral changes, no dialogue, and no consensus-building.
Moreover, the legislative process itself has been deeply problematic. There was no genuine deliberation through the Joint Parliamentary Committee (JPC), where the numbers were stacked—16 BJP/NDA members against just 10 from the Opposition.
All 44 amendments proposed by the Opposition were rejected outright. Even dissent notes were initially excluded from the final report and were only added back after public outrage. This isn’t just about the content of the law—it’s about the legitimacy of how it’s being made.
In a nutshell, the bill violates Articles 14, 25, 26, and 29 of the Constitution, which promise equality, religious freedom, and cultural protection. Moreover, it is also anti-federal and anti-secular due to minimal consultation with states and the Muslim community.
It’s completely irresponsible for the government to push a bill like this based on a single disputed case—like the one involving the Tamil Nadu Waqf Board and a village.
A responsible government should not make sweeping legal changes just because of one incident, especially when the matter is still being heard in court. This kind of knee-jerk reaction sets a dangerous precedent.
The timing of this bill—right before elections—speaks volumes. Much like its content, it seems driven by political motives, not public welfare. This isn’t about governance; it’s about stoking fear, diverting attention from economic mismanagement, and appealing to majoritarian emotions.
It is important to note that the original Waqf Act of 1995 and its 2013 amendment—both brought in by Congress governments—were rooted in justice, transparency, and the protection of community rights.
We believe in reform, but not reform imposed through force, exclusion, and communal provocation dressed up as policy.
The Congress party stands firmly and unequivocally against this bill. We demand its immediate withdrawal or that it be referred to a Select Committee with fair representation from all communities and states.
Anything less would be an assault on our Constitution and the secular fabric of India. We won’t let this government undermine democracy or target communities for political gain. Real reform needs dialogue and compassion, not control.
(Mansoor Ali Khan is an educationist and Secretary of the All India Congress Committee (AICC) In-Charge of Kerala and Lakshadweep. Views expressed here are personal. Edited by Ananya Rao)
