Waqf In Transition: Reform, Resistance, And The Road Ahead | Lakshmi Karlekar, Tanishaa Pandey

ABSTRACT

Waqf is a kind of charitable endowment whose assets are permanently set aside for philanthropic or religious reasons. On August 8, 2024, the “Waqf (Amendment) Act, 2025” was introduced in Lok Sabha. By amending the “Waqf Act of 1995”, which governs waqf property in India, it aims to repeal the “Mussalman Wakf Act of 1923”. It is now known as the “United Waqf Management, Empowerment, Efficiency and Development Act, 1995” (UWMEED Act 1995). The article assesses the amendment, which includes twenty-five proposals from the Joint Parliamentary Committee (JPC). Its goals include promoting sectarian inclusivity, ensuring that at least two Muslim women are represented on the “Central Waqf Council and State Waqf Boards”, and removing inequality by guaranteeing female inheritance rights. In order to ensure accountability and transparency, the paper explains how the act gives the Central Government the authority to establish regulations for Waqf enrolment, the auditing process, and accounting. As a result, the Waqf tribunal rulings can be appealed to the High Court within ninety days by virtue of the appeals process. Since CPI General Secretary D Raja is currently contesting the act’s validity, the study is pertinent.

KEYWORDS: Waqf, Transparency, Accountability, Waqf by user, Empowerment, Non-Muslims, Central Waqf Council

An Islamic endowment of property, usually for religious or charitable reasons, is called a ‘waqf’ (also spelled wakf). The phrase comes from Arabic root "Waqafa," means to hold or stop, is where the phrase comes from. A waqf is permanently dedicating a piece of property or asset for the benefit of the community, such as the construction of mosques, schools, hospitals, or charitable organizations. A property cannot be sold, inherited, or otherwise disposed of once it has been declared as waqf.

In India, the waqf institution constitutes a long run history that dates back to early Islamic era. Centuries-long endowment of many estates as waqf led to the creation of several religious and philanthropic organizations. Importance of waqf lands was recognised by the British colonial and “Mussalman Wakf Act” was passed in 1923 to govern their administration. In order to supervise the management of waqf properties, the “Waqf Act of 1954” was enacted by the Indian government after independence, and was superseded by the “Waqf Act of 1995”, this Act established Waqf Boards at the state and federal levels. But it was observed in the very recent development in April 2025, the Indian Parliament passed the “Waqf (Amendment) Act, 2025”, enlightening significant changes to the existing framework that have been governing the waqf properties.

The Waqf Act, which came into effect on April 8, 2025, was introduced by Minority Affairs Minister Kiren Rijiju and received presidential assent from President Droupadi Murmu on April 5, 2025. [1] The Act includes significant provisions which discusses about the renaming the Act where the Waqf Act, 1995, has been renamed as the “United Waqf Management, Empowerment, Efficiency and Development Act, 1995” (UWMEED Act 1995. Furthermore, to encourage diversity and openness in waqf administration, the Act permits non-Muslims to serve on State Waqf Boards and the Central Waqf Council. Additionally, it guarantees representation from different Muslim sects, such as Shia, Sunni, Bohra, and Agakhani communities, and requires that at least two Muslim women serve on the Central Waqf Council and State Waqf Boards. [2]

Further, the Act omits the relevance of the provision relating to "waqf by user," which previously allowed properties used for religious purposes over time to be recognized as waqf.[3] Moreover, by using a central database and gateway, it speeds up the waqf registration with the goal of increasing accountability and transparency. The Act introduces an appeal process, allowing decisions made by Waqf tribunals to be challenged in the High Court within 90 days. The Act received string reactions from different parts of the society both in support and opposition. The supporters stated that these changes will help protect and manage waqf properties more effectively and prevent misuse or illegal occupation and therefore was made to make the functioning of waqf boards more transparent and efficient. Also, allowing diverse representation on the waqf board by including members from different communities, so that decisions are more balanced and inclusive.

Even more importantly, preventing corruption in the management of waqf properties, which are meant to be used for religious or charitable purposes in Islam. Whereas the critics, Muslim organizations, religious leaders, and political parties, have strongly opposed the Act, claiming that the new law violates the individual autonomy of Muslims and also interferes with right under ‘Article 26 of the Indian Constitution’ which states, giving religious communities the freedom to manage their own religious affairs. Earlier, formal registration was not a necessary element for any property to be declared a waqf if a property was used for religious or waqf purposes for a long time. Therefore, removal of the “waqf by user” clause is particularly controversial as currently this provision has been erased which, believed by many will hurt traditional and community-run waqf practices. Government carrying more power now to declare whether a property belongs to waqf or not, instead of leaving that decision to waqf boards or courts is observed by the critics to be an excessive interference. [4]

It can be observed that in April, 2025 due to these recent developments in the waqf board, widespread violent protests have been observed in different states. [5] In the state of West Bengal from April 8–13, 2025, protests in Murshidabad district turned violent. The demonstrations escalated into violent clashes, including the blocking of National Highway 12, setting police vehicles on fire, and attacks on a local MP’s office following on April 11, 2025 the unrest intensified, leading to fatalities and injuries. Thousands of residents fled their homes, seeking refuge in neighbouring districts. While on the very next day on April 12, 2025 the Calcutta High Court intervened where they ordered immediate deployment of central forces to restore order in Murshidabad. ?On the following day on April 13, 2025, the situation began to stabilize under heightened security measures.? [6] In response to the Act, various nationwide protests have been organised also by the Muslim organizations. For instance, the “All India Muslim Personal Law Board (AIMPLB)” called for a symbolic ’blackout’ protest showcasing symbolic demonstrations, where the Muslim community were urged to cooperate to switch off lights in their homes and shops for 30 minutes as a form of peaceful disagreement. [7] Government due to the violent protest that resulted in death of three, more than ten were reported injured, and over 400 people were displaced hence imposed ‘Section 144 of the Criminal Procedure Code (CrPC)’, which bans public gatherings in sensitive areas. Also, Internet services were suspended, and extra police and paramilitary forces were deployed to control the situation. Also, in Unakoti district of Tripura, peaceful protests turned into violent clashes, police personnel were injured, discontent against the law was expressed not just locally but nationwide. [8] Henceforth, the matter has reached the Supreme Court, challenged by the critics arguing that including non-Muslims in the waqf board violates the religious rights of the Muslim community. Many petitions have been filed under ‘Article 32 of the Constitution’, asking the court to strike down the law as arbitrary and unconstitutional. [9] With context to this a related but separate judgement was heard by the Telangana High Court on January 5, 2025. It ordered the Telangana State Waqf Board to take over control of a Shia Waqf Institution named Ibadat Khana. The court stated that there was absence of fair representation and therefore the managing committee was illegally constituted. It directed that the new committee must include both Akhbari and Usooli sects of Shia Muslims to maintain sectarian balance and fairness. The court emphasized that waqf institutions must be managed in accordance with the Waqf Act and with equal representation, especially in religious matters.[10]

The “Waqf (Amendment) Act, 2025” continues to be a focal point of national discourse in India, inviting strong reactions across various sectors where the Act was defended by the Union government in the Supreme Court, stating that it does not infringe upon religious freedoms guaranteed by the Constitution. Citing the secular aspect of record management, procedural reforms and administrative structures, the government has emphasized that these amendments are aiming to enhance transparency and efficiency in waqf property management, meanwhile the Supreme Court of India is currently reviewing multiple petitions challenging the constitutional validity of the “Waqf (Amendment) Act, 2025”. Where it is argued by the petitioners that the removal of the “waqf by user” provision whereas promoting the inclusion of non-Muslims in waqf boards, violate the rights of the Muslim community to manage their religious affairs. Thus, the “Waqf (Amendment) Act, 2025”, has not just sparked widespread discussion and debate, but also gained much media coverage and public opinion, filling headlines and conversations alike. While some see it as a much needed step to tackle corruption and better manage waqf properties, many others fear it harms the Muslim community of its independence and puts their religious assets at risk. The divide reflects not just a clash of opinions, but real hopes, fears, and concerns about trust, faith, and fairness. These events showcase how much concern and unease the “Waqf (Amendment) Act, 2025” has stirred, as people across the country worry about their religious rights, fair treatment, and the protection of minority communities.

(Authors: Lakshmi Karlekar, PhD Research Fellow of International Studies, CHRIST (Deemed to be University), Central Campus, Hosur Road, Bangalore, Karnataka. Email: lakshmi.karlekar[at]res.christuniversity.in

Tanishaa Pandey, BBA LLB Student, School of Law, CHRIST (Deemed to be
University), Central Campus, Hosur Road, Bangalore, Karnataka
Email: tanishaa.pandey[at]law.christuniversity.in)

References

[1] Hindustan Times. (2025, April 8). Waqf (Amendment) Act 2025 comes into force. PTI: HT Online. https://www.hindustantimes.com/india-news/waqf-amendment-act-2025-comes-into-force-101744118291865.html
[2] Economic Times. (2025, April 2). Waqf (Amendment) Bill, 2024 moved in Lok Sabha. ET Online. https://economictimes.indiatimes.com/news/india/waqf-amendment-bill-2024-moved-in-lok-sabha/articleshow/112369043.cms
[3] Bakshi, Gursimran Kaur. (2025, April 7). ’Unconstitutional Assault On Religious Autonomy’: IUML Moves Supreme Court Challenging Waqf Amendment Act 2025. Live Law. https://www.livelaw.in/top-stories/unconstitutional-assault-on-religious-autonomy-iuml-moves-supreme-court-challenging-waqf-amendment-act-2025-288651
[4] India Legal. (2025, April 24). Waqf Amendment Act 2025 does not infringe religious freedom guaranteed under Constitution: Centre. India Legal Live News. https://indialegallive.com/constitutional-law-news/courts-news/waqf-amendment-act-2025-does-not-infringe-religious-freedom-guaranteed-under-constitution-centre/
[5] Bakshi, Gursimran Kaur. (2025, April 17). Disturbed with violence during protests against Waqf Amendment Act: Supreme Court. Live Law. https://www.livelaw.in/top-stories/disturbed-with-violence-during-protests-against-waqf-amendment-act-supreme-court-289535?
[6] Business Standard. (2025, April 21). Daily life in Murshidabad resumes after violent protests, schools reopen. BS-India News. Daily life in Murshidabad resumes after violent protests, schools reopen | India News - Business Standard
[7] Economic Times. (2025, April 17). Central force will remain in Murshidabad, Calcutta HC to monitor rehabilitation of victims. ET Online. https://economictimes.indiatimes.com/news/india/central-force-will-remain-in-murshidabad-calcutta-hc-to-monitor-rehabilitation-of-victims/articleshow/120385226.cms
[8] Times of India. (2025, April 13). Violent protest in Tripura against Waqf Amendment Act injures 18 police officers. TOI News Desk. https://timesofindia.indiatimes.com/india/violent-protest-in-tripura-against-waqf-amendment-act-injures-18-police-officers/articleshow/120235922.cms
[9] Dhar, Aniruddha. (2025, April 24). Why are Muslim bodies protesting Waqf Amendment Act 2025? Hindustan Times News Desk. https://www.hindustantimes.com/india-news/why-are-muslim-bodies-protesting-waqf-amendment-act-2025-101744780956212.html
[10] Daily Pioneer. (2025, April 25). ‘Blackout’ to protest Waqf Amendment Act today. Daily Pioneer News. https://www.dailypioneer.com/2025/state-editions/---blackout--to-protest-waqf-amendment-act-today.html