The Waqf (Amendment) Bill, 2024, has sparked widespread controversy, with critics calling it a threat to India’s secular framework and religious autonomy.
NEW DELHI: The Waqf (Amendment) Bill, 2024, introduced by the BJP-led Union government, has reignited a nationwide debate over secularism and religious autonomy. The bill, initially proposed in August 2024, is now set to be reintroduced in Parliament during the second leg of the Budget Session. It has already cleared the scrutiny of a Joint Parliamentary Committee (JPC), despite strong opposition from various political and religious groups.
As the bill moves forward, protests are intensifying. The All India Muslim Personal Law Board (AIMPLB), representing multiple Muslim organizations, has announced a nationwide protest on March 17. In a recent press conference, AIMPLB leaders strongly opposed the bill, calling it a direct attack on the Muslim community.
“The BJP thrives on communal polarization and a strategy of ‘divide and rule.’ This bill is part of that agenda. The real question is how far the ruling party’s allies are willing to go in supporting such divisive policies,”
AIMPLB leaders stated.
Despite government assurances that the amendments are meant to ensure transparency and efficiency in the management of Waqf properties, legal scholars and Muslim organizations argue that the bill strikes at the core of India’s secular ethos.
Amendments Proposed in the Bill
The government claims that the Waqf (Amendment) Bill, 2024 is designed to improve the regulation and management of Waqf properties across India. However, several controversial provisions have raised concerns:
- Mandatory Inclusion of Non-Muslims:
- The bill mandates the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards.
- Critics argue that this violates Islamic principles, as Waqf properties are dedicated for religious or charitable purposes within the Muslim community.
- Elimination of the ‘Waqf by User’ Principle:
- Under the existing Waqf Act, 1995, a property could be designated as Waqf if it had been used for religious or charitable purposes over a long period, even in the absence of formal documentation.
- The new bill removes this provision, potentially leading to disputes over longstanding religious sites.
- Restrictions on Waqf Declarations:
- The bill prevents individuals from donating property as Waqf unless they have been Muslim for at least five years.
- Experts view this as an arbitrary restriction that interferes with religious freedom.
- Shift of Power from Waqf Authorities to Government Officials:
- The bill replaces the Survey Commissioner with the Collector, granting them the authority to survey Waqf properties.
- The Collector will also have the power to determine ownership of any disputed property.
- Weakening of Waqf Tribunals:
- The bill reduces the powers of Waqf Tribunals, which currently handle disputes related to Waqf properties.
- It also removes the requirement for a Muslim law expert to be part of the tribunal panel.
- Appeals to High Court:
- Under the new law, any party dissatisfied with a Waqf Tribunal’s decision can appeal to the High Court within 90 days.
- Critics argue that this could lead to prolonged legal battles and delays in justice.
- Separate Waqf Boards for Minority Muslim Sects:
- The bill proposes the formation of separate Waqf boards for minority Muslim sects, such as the Aghakhani and Bohra communities.
- While the government claims this is meant to address internal diversity, some fear it could fragment the Muslim community further.
Understanding Waqf and Its Historical Significance
Waqf is a unique form of charitable endowment in Islamic law, where the ownership of a property is irrevocably dedicated to religious or philanthropic purposes. The original owner (Waqif) relinquishes control, and the property is managed by a Mutawalli (caretaker) on behalf of the community.
The historical roots of Waqf trace back to Prophet Muhammad’s advice to his companion Umar ibn al-Khattab, urging him to dedicate fertile land in Khyber for the welfare of society. Over centuries, Waqf has been used to fund schools, hospitals, and community welfare projects.
In India, Waqf properties include thousands of religious, educational, and social institutions. The British colonial government formalized Waqf management through the Religious Endowments Act, 1863, and post-independence, India continued this approach under the Waqf Act, 1995.
The Waqf Boards—state-level bodies that oversee Waqf properties—were established to ensure that these religious endowments remain in community hands and are not misused or taken over by external entities.
Why Experts Call the Bill an ‘Assault on Secularism’
Legal and religious scholars argue that the new amendments interfere with the traditional autonomy of religious trusts, undermining India’s long-standing secular approach.
- Prof. Abdulla Kottappalli, an expert on Waqf laws, states:
“India has historically followed a non-interventionist policy in the management of religious trusts. This bill contradicts that tradition and sets a dangerous precedent.” - Prof. G Mohan Gopal, former director of the National Judicial Academy, sees the bill as a targeted attack on the Muslim community:
“The government has not introduced similar amendments for Hindu religious trusts. Devaswom Boards, which manage public Hindu temples in Kerala, are exclusively run by Hindus. So why is the government imposing non-Muslim members on Waqf Boards?” - SQR Ilyas, spokesperson for AIMPLB, warns that the bill is an attempt to seize Waqf properties:
“There is no provision in the bill that genuinely helps Waqf Boards. Instead, it facilitates government control over these properties.” - Fauzia Khan, Rajya Sabha MP, calls the bill “disastrous”, dismissing government claims that it will benefit the community.
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Political and Social Implications
With protests already taking place, the bill is expected to trigger significant resistance both inside and outside Parliament. Over five crore Muslims have reportedly submitted their objections via emails. Muslim organizations, opposition parties, and legal experts have vowed to challenge the bill at every stage.
Critics argue that the selective interference in Muslim religious trusts, while leaving other religious endowments untouched, is evidence of a larger political agenda. Many see this move as part of an effort to dilute the influence of Waqf Boards, thereby weakening the Muslim community’s ability to manage its own religious and charitable affairs.
As the debate unfolds, the fate of the Waqf (Amendment) Bill, 2024 will be a key test of India’s commitment to secularism and religious freedom.
Dr. Fauzia Khan strongly criticized the government’s approach, arguing that instead of assisting the Waqf Board in addressing its challenges, the authorities are systematically stripping the Muslim community of its historical and religious assets.
“Rather than providing solutions, the government is effectively dismantling the very foundation of the Waqf system. This is akin to killing the patient instead of treating them,”
she remarked.
Expressing deep concern over the implications of the proposed amendments, she warned that the changes could have devastating consequences for the Muslim community.
“This legislation poses a grave threat. It risks depriving us of religious lands and other properties that were generously donated by our ancestors for the welfare and upliftment of the community,”
-she added.
The Threat to ‘Waqf by User’
Dr. Khan further highlighted that the removal of the ‘waqf by user’ provision directly undermines the spirit of Waqf, which has been an integral part of Islamic endowments for centuries.
“A significant portion of Waqf properties fall under the ‘waqf by user’ category, meaning they have been historically used for religious purposes without formal documentation. Many of these properties, including revered sites such as the Taj Mahal and the Ajmer Dargah, do not have conventional legal documents. How can one suddenly demand proof of ownership for heritage sites that have existed for centuries?”
– she questioned.
She emphasized that this amendment represents a fundamental threat to the Waqf system, potentially leading to large-scale dispossession of Muslim properties.
Impact on Mosque Ownership Disputes
The proposed changes also cast uncertainty over long-standing disputes regarding the ownership of key religious sites, including the Gyanvapi Mosque and mosques in Sambhal.
Illyas, a prominent voice in the debate, warned that the implications of the amendment are far-reaching.
“This is not a minor issue—it is a direct attack on religious institutions. In Uttar Pradesh alone, over 70 percent of mosques will be impacted by the removal of the ‘waqf by user’ provision,”
he stated.
Echoing these concerns, legal expert Gopal pointed out that the proposed law could result in an extensive transfer of land from Muslim institutions to government control, raising constitutional concerns.
“The blanket removal of user rights exclusively for Muslims is not just discriminatory but also unconstitutional. Even though the right to property is no longer a fundamental right, it remains a constitutional right. The government cannot arbitrarily strip an entire community of its historically held assets,”
-he argued, calling for the provision to be struck down.
Allegations of Procedural Violations in Passing the Bill
Beyond the content of the Bill itself, lawmakers and opposition members have also raised alarms about the manner in which it was pushed through the Joint Parliamentary Committee (JPC).
Serious allegations have surfaced against JPC chairman and BJP MP Jagdambika Pal, with opposition leaders accusing him of suppressing dissent and preventing a fair discussion on the Bill.
Commenting on these procedural concerns, Dr. Fauzia Khan condemned the handling of the JPC proceedings, calling it a “death blow to democracy.”
“If this is how parliamentary processes are going to be conducted, it sets a dangerous precedent. Tomorrow, any ruling party with a majority can simply override minority voices and impose laws without debate or accountability,”
she warned.
Political Ramifications and the Road Ahead
As the controversial Waqf Bill is set to be tabled in the Lok Sabha in the coming days, it is expected to spark intense political debate and legal battles.
Beyond its legislative impact, the Bill is likely to play a decisive role in the upcoming Bihar elections, a crucial battleground for the ruling NDA and its key ally, the Janata Dal (United) (JDU), led by Bihar Chief Minister Nitish Kumar.
With Muslim voters constituting a significant electoral bloc in Bihar, the AIMPLB (All India Muslim Personal Law Board) has issued a stark warning to the JDU and the BJP.
“If Nitish Kumar and his party choose to support this Bill, they will face severe backlash from the Muslim community in the upcoming elections. Our stance is unambiguous—if this Bill is passed, we will see it as a direct assault on our religious and cultural heritage. The consequences will be felt not just by the BJP, but also by its allies,”
the AIMPLB declared.
With multiple stakeholders invested in the outcome, the Narendra Modi-led government faces a crucial decision. Will it press ahead with the contentious amendments, risking electoral and legal repercussions? Or will it reconsider its stance in the face of mounting opposition from India’s Muslim community? The coming days will be crucial in determining the fate of the Waqf Bill and its far-reaching implications.
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