Waqf (Amendment) Act, 2025: A Comprehensive Overview
The Waqf (Amendment) Act, 2025, officially enacted following the assent of President Droupadi Murmu on April 5, 2025, brings significant reforms to the governance and administration of Waqf properties across India. The Bill was passed amid intense debate in both Houses of Parliament securing 288 votes in favour and 232 against in the Lok Sabha, and 128 votes in favour versus 95 against in the Rajya Sabha. It seeks to modernize the Waqf framework by enhancing transparency, accountability, and inclusivity.
What is Waqf?
Waqf is an Islamic charitable endowment, typically involving property or land, donated for religious, educational, or social welfare purposes. Once designated as waqf, the property becomes inalienable, meaning it cannot be sold, inherited, or transferred. The income generated from the waqf property is used to support causes such as mosques, schools, orphanages, and hospitals, or to help the poor and needy.
Waqf in India refers to a permanent donation of property by a Muslim for religious, charitable, or community purposes. Once declared waqf, the property cannot be sold or inherited and must serve public welfare. It is governed by the Waqf Act, of 1995, and managed by State Waqf Boards and the Central Waqf Council. India has over 8 lakh waqf properties, used to support mosques, schools, and hospitals, and aid the poor. Despite its vast assets, the waqf system faces issues like encroachment and mismanagement, prompting ongoing reforms.
Timeline of Waqf Laws & Amendments in India
1. 1954: Waqf Act, 1954
- The first central legislation post-independence to regulate waqf properties.
- Introduced the concept of State Waqf Boards for property administration.
2. 1995: Waqf Act, 1995
- Replaced the 1954 Act.
- Established the Central Waqf Council.
- Gave more structure to the functioning of State Waqf Boards.
- Introduced provisions for surveys, registration, and protection of waqf properties.
3. 2013: Waqf (Amendment) Act, 2013
- Strengthened the protection of waqf properties.
- Made it mandatory for government agencies to seek prior approval before acquiring waqf land.
- Increased penalties for encroachment and illegal sale.
- Emphasized transparency and digitization of waqf records.
4. 2025: Waqf (Amendment) Act, 2025
- Renamed the Act to UMEED (United Waqf Management, Empowerment, Efficiency, and Development) Act.
- Mandated inclusion of Muslim women and diverse sects in Waqf Boards.
- Allowed appeals of tribunal decisions in High Courts.
- Empowered the Central Government to regulate registration, auditing, and financial operations.
- Aimed at increased transparency, inclusivity, and modernization.
- Faced opposition for alleged government overreach into religious affairs.
Waqf (Amendment) Act: At a Glance
1. Renaming the Parent Legislation
One of the most symbolic changes brought by the amendment is the renaming of the original Waqf Act, 1995. The new title “United Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, 1995” reflects the government’s intent to streamline and empower the Waqf administration system.
2. Structural and Administrative Reforms
The amendment incorporates 25 major recommendations from the Joint Parliamentary Committee (JPC), which studied the challenges and inefficiencies plaguing the current system. These changes aim to eliminate bureaucratic red tape and introduce a more efficient administrative structure.
3. Promoting Inclusivity
A groundbreaking feature of the amendment is the mandatory inclusion of at least two Muslim women in the Central Waqf Council and State Waqf Boards. The Act also mandates representation from diverse Muslim sects, aiming to foster a more inclusive and representative governance framework. This move has been hailed as a step toward gender equity and sectarian harmony within the Muslim community’s administrative bodies.
4. Stricter Regulatory Oversight
To ensure better transparency and management of Waqf assets, the Central Government has been given expanded powers to frame rules for Waqf property registration, audits, and financial accounting. This provision is expected to tackle long-standing issues of mismanagement, encroachment, and corruption in Waqf properties.
5. Legal Recourse and Accountability
A notable legal reform introduced by the Act is the provision for appealing Waqf tribunal decisions in the High Court. This offers stakeholders a legal channel for redressal and brings the Waqf legal process more in line with broader judicial practices in India. Appeals must be filed within a 90-day window.
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Controversy and Criticism
Despite its reforms, the Waqf (Amendment) Act, 2025 has faced considerable opposition. Critics argue that the Act could lead to excessive centralization and state interference in religious matters, potentially undermining the autonomy of Muslim religious institutions. Several opposition parties and community leaders have voiced concerns about constitutional overreach, especially in terms of freedom of religion and community-led management of endowments.
Muslim organizations and legal experts have flagged sections of the law as potentially infringing on community rights and traditional governance structures. Multiple petitions have been filed in the Supreme Court challenging the constitutional validity of the Act, particularly the provisions that allow for increased government oversight.
Conclusion
The Waqf (Amendment) Act, 2025 marks a pivotal shift in how religious endowments are regulated in India. While it promises modernization, inclusivity, and enhanced governance of Waqf assets, it also raises significant questions about religious freedom, autonomy, and state control. As legal challenges proceed and implementation unfolds, the Act will likely remain at the center of discussions on religious rights, governance reforms, and community empowerment in contemporary India.
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