In April 2025, the Indian Parliament passed a landmark piece of legislation—the Waqf (Amendment) Act—introducing sweeping reforms in the administration of Waqf properties across the country. This legislation, now renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 (UMEED Act), has ignited a national debate on the delicate balance between governance reform and religious autonomy.
Waqf properties are endowments made by Muslims for religious, educational, or charitable purposes. With over 600,000 Waqf properties in India, spanning mosques, dargahs, graveyards, and institutions, the need for better management has been long acknowledged. However, the latest amendments have sparked sharp reactions from multiple quarters, particularly the Muslim community, which views some provisions as an intrusion into religious matters.
One of the most contentious changes is the mandatory inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards. The government defends this move as a step toward inclusivity, diversity, and transparency in governance. However, critics—most notably the All India Muslim Personal Law Board (AIMPLB)—see it as a violation of Islamic principles that govern Waqf, where religious endowments are meant to be administered solely by Muslims in accordance with Sharia law.
Another controversial amendment is the removal of the “Waqf by user” clause, which previously allowed properties used for religious or charitable purposes over time to be recognized as Waqf, even without formal documentation. The new law now mandates documented evidence for a property to be declared Waqf. This has raised concerns that thousands of historically significant but undocumented Waqf properties could lose their status, making them vulnerable to encroachment or government acquisition.
The amendment also shifts dispute resolution powers from Waqf Boards to district collectors. Previously, if the ownership of a property was contested, the Waqf Board had the authority to intervene. Now, district-level bureaucrats will decide such matters. Activists warn that this could open the door to bureaucratic overreach, political interference, and potential misuse of authority at the local level.
In another important shift, legal appeals against Waqf Tribunal decisions, which were previously final, can now be made to High Courts. While this provides an additional layer of judicial review, it also risks delaying dispute resolution, which has traditionally been slow and overburdened.
Amid the controversial changes, the Act does include some progressive features. It mandates gender representation, requiring the inclusion of at least two Muslim women on Waqf Boards. It also seeks sectarian inclusion, ensuring participation from Sunni, Shia, Bohra, and Aghakani communities. These provisions aim to make Waqf governance more inclusive from within the Muslim community.
Despite these intentions, the amendment has triggered nationwide protests, particularly in Muslim-majority regions. In Murshidabad, West Bengal, demonstrations turned violent, leading to casualties. Protesters argue that the Act dilutes the religious sanctity of Waqf, turning it into a bureaucratically managed property portfolio rather than a spiritual trust.
On the other hand, supporters of the Act argue that the reforms are long overdue. They point to widespread instances of mismanagement, encroachment, and corruption in Waqf properties. By streamlining the structure and increasing oversight, the government believes that the enormous economic and social potential of Waqf assets can be better utilized for public good.
As India implements the UMEED Act, the true challenge will lie in harmonizing religious rights with institutional accountability. Whether the new law empowers the Waqf system or undermines it will depend on how sensitively and fairly it is executed in the coming years.
References:
- AP News. 2025. “India’s Parliament Passes Bill That Would Change Muslim Land Endowments.” April 5. Retrieved May 19, 2025 (https://apnews.com/article/4fb3ce70dbd2e579bccc43ce1e245f6d).
- Reuters. 2025. “New Indian Bill Proposes to Revamp Muslim Land Management, Faces Backlash.” April 2. Retrieved May 19, 2025 (https://www.reuters.com/world/india/new-indian-bill-proposes-revamp-muslim-land-management-faces-backlash-2025-04-02).
- Wikipedia. 2025. “The Waqf (Amendment) Act, 2025.” Retrieved May 19, 2025 (https://en.wikipedia.org/wiki/The_Waqf_%28Amendment%29_Act%2C_2025).
- Wikipedia. 2025. “Murshidabad Violence.” Retrieved May 19, 2025 (https://en.wikipedia.org/wiki/Murshidabad_violence).
- PRS India. 2024. “The Waqf (Amendment) Bill, 2024.” Retrieved May 19, 2025 (https://prsindia.org/billtrack/the-waqf-amendment-bill-2024).