MIDNIGHT & THE WAQF AMENDMENT BILL, 2025
Midnight and the Waqf Amendment Bill, 2025, this title may appear strange apparently but the Waqf Amendment Bill has been passed by the Indian Parliament in the midnight of 2nd and the April, 2025. Perhaps India got its freedom from colonial powers in the midnight and many children might have been born at the same time. Here midnight is has been taken as a metaphor to the circumstances in which it was passed.
Ever since the Sangh Pariwar came to the power, some legislations and movements have been launched with unprecedented enthusiasm and wholeheartedly, which directly affects the Indian Muslims. Indian policy on Kashmir valley, activism in reference to NRC and passing of CAA (Citizenship Amendment Act) were main initial agendas of the BJP Government, the political wing of the Sangh Pariwar.
Does the darkness of the midnight is going to fall on the waqf properties belonging to the Muslim of India as the majority of the community believe or it is just like the lighthouse guiding the sailors in the night to the shore for the majority community of Bharat like what we heard during the parliamentary debates of many such as Anurag Thakur and others. To understand the topic, here is the list of the amendments summarized by the Chatbot Grok AI.
“The Waqf (Amendment) Bill, 2025, passed by the Lok Sabha on April 2, 2025, introduces numerous changes to the Waqf Act, 1995, aimed at enhancing transparency, accountability, and efficiency in the management of Waqf properties in India. While the exact number of amendments is often cited as around 40-44 in various sources, a precise list of 42 distinct amendments is not explicitly detailed in a single consolidated form across available references, however, based on the comprehensive information from credible sources, I have synthesized a list of 42 key amendments or provisions introduced in the Waqf (Amendment) Bill, 2025. This list reflects the major changes highlighted in parliamentary discussions, news reports, and analyses as of April 2, 2025.
1. Renaming the Act: The Waqf Act, 1995, is renamed to the “Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995” (UMEED Act).
2. Definition of Waqf Clarified: Waqf is defined as a permanent dedication by a person practicing Islam for at least five years, owning the property, for pious, religious, or charitable purposes.
3. Mandatory Registration: All Waqf properties must be registered with the District Collector’s office within a specified period (initially six months, extendable upon application).
4. Centralized Portal and Database: A digital portal is established for registration, management, and oversight of Waqf properties.
5. Removal of Section 40: The Waqf Board’s unilateral power to declare any property as Waqf under Section 40 is repealed.
6. Collector as Survey Authority: The role of Survey Commissioner is replaced by the District Collector or a designated officer to conduct surveys of Waqf properties.
7. Non-Muslim Representation: State Waqf Boards and the Central Waqf Council must include at least two non-Muslim members.
8. Women Representation: At least two Muslim women must be included in the Central Waqf Council and State Waqf Boards.
9. Diverse Muslim Representation: Boards must have representation from Shia, Sunni, Bohra, Aghakhani, and backward Muslim communities.
10. Government Property Exclusion: Any government property identified or declared as Waqf ceases to be recognized as Waqf property.
11. Collector’s Role in Disputes: The District Collector investigates and determines ownership in disputes over government-claimed Waqf properties.
12. Appeal to High Court: Decisions of Waqf Tribunals are no longer final; appeals can be made to the High Court within 90 days.
13. Waqf by User Clarification: Properties registered as “Waqf by user” before the Act’s commencement retain their status unless disputed or identified as government property.
14. Abolition of Waqf Tribunal Finality: The finality of Waqf Tribunal decisions is removed, allowing judicial oversight.
15. Tribunal Composition: Waqf Tribunals are restructured to consist of two members, including one with knowledge of Muslim law.
16. Non-Muslim Tribunal Members: Tribunals may include non-Muslim members, broadening their composition.
17. Mandatory Deed for Waqf Creation: Waqf can only be created through a formal deed, eliminating informal declarations.
18. Audit by CAG: The Central Government can order audits of Waqf properties by the Comptroller and Auditor-General or a designated officer.
19. Reduced Contribution Rate: The annual contribution payable to the Waqf Board is reduced from 7% to 5% of property income.
20. Publication of Proceedings: Waqf Board proceedings and orders must be published for transparency.
21. State Government Nominations: The state government nominates members to the Waqf Board, including from MPs, MLAs, and Bar Council members, who need not be Muslim.
22. Inheritance Rights for Women: Waqf-alal-aulad (family Waqf) must not deny inheritance rights to women.
23. Separate Boards for Communities: Provision for separate Waqf Boards for Bohras and Aghakhanis if needed.
24. Filing of Accounts: Waqf accounts must be filed on the central portal for public access.
25. 90-Day Public Notice: A 90-day public notice is required before mutating land records as Waqf property.
26. No Retrospective Effect: The Act applies prospectively, not affecting existing Waqf properties unless disputed.
27. Repeal of Mussalman Wakf Act, 1923: The colonial-era Mussalman Wakf Act, 1923, is repealed via the Mussalman Wakf (Repeal) Bill, 2024.
28. Technology-Driven Management: Emphasis on digitization for tracking, identification, and oversight of Waqf properties.
29. Prevention of Misuse: Measures to prevent illegal occupation or wrongful declaration of properties as Waqf.
30. Shia and Sunni Classification: Explicit recognition of Shia and Sunni Waqf distinctions in surveys and management.
31. Aghakhani and Bohra Waqf: New categories of “Aghakhani Waqf” and “Bohra Waqf” are defined and recognized.
32. Penalty for Non-Compliance: Stricter penalties for failing to register or mismanaging Waqf properties.
33. Transparency in Finances: Mandatory auditing and accounting to prevent financial mismanagement.
34. Removal of Encroachment Powers: Waqf Boards lose unilateral authority to remove encroachments, shifting this to Collectors.
35. Legal Dispute Streamlining: Enhanced mechanisms to resolve ownership disputes through Collectors and courts.
36. Mutawalli Responsibilities: Caretakers (Mutawallis) must file detailed property and income details on the portal.
37. No Court Bar: Courts can entertain suits related to Waqf properties if not registered within six months, with sufficient cause.
38. Central Government Oversight: Increased role of the Central Government in appointing members and directing audits.
39. Exclusion of Trusts: Properties under Muslim trusts created under other laws are no longer considered Waqf.
40. Public Awareness: Provisions to educate stakeholders about the new framework and their rights.
41. Reduction of Litigation: Aims to reduce pendency of cases by clarifying ownership and appeal processes.
42. Efficiency in Administration: Overall restructuring to enhance the operational efficiency of Waqf Boards.
This list is derived from a synthesis of key changes reported in sources like PRS India, Hindustan Times, India Today, The Hindu, and government statements, reflecting the amendments as passed on April 2, 2025. Note that some amendments may overlap or be grouped differently in official documents, and the Joint Parliamentary Committee (JPC) finalized these based on extensive deliberations, approving 14 NDA-proposed changes while rejecting 44 from the opposition. For an exhaustive legal text, the official gazette notification post-Rajya Sabha approval would be required, which is pending as of this date.
So, let us see whether the Waqf Amendment Bill, 2025 is the midnight for the Muslim waqf properties or it is the full blooming moon having soothing moonlight for the diverse Muslim sects of Nava Bharat.
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