The Waqf (Amendment) Bill 2024 is up for debate in the Lok Sabha Today (April 2), triggering a major clash between the Centre and Opposition. Tensions rise over its impact on minority rights and Waqf properties.
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NEW DELHI: The Waqf Amendment Bill, 2024 is scheduled for presentation in the Lok Sabha Today, April 2, 2025. This Bill aims to amend the Waqf Act, 1995, which governs the administration of waqf properties in India.
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, such as maintaining mosques and graveyards, establishing educational institutions and healthcare facilities, or providing financial aid to the poor and disabled.
Any other use or sale of these properties is prohibited.
ALSO READ: AIMPLB Demands Withdrawal of Waqf Amendment Bill, Plans Nationwide Protest
AIMPLB Urges MPs to Reject Waqf Amendment Bill 2024
The All India Muslim Personal Law Board (AIMPLB) has made a strong appeal to all secular political parties, including the allies of the BJP and Members of Parliament, to reject the Waqf Amendment Bill 2024. The Board has requested that under no circumstances should this bill be supported when presented in Parliament.
In a statement issued on April 1, 2025, the President of AIMPLB, Maulana Khalid Saifullah Rahmani, warned about the serious consequences of the proposed bill.
“The President of the All India Muslim Personal Law Board, Maulana Khalid Saifullah Rahmani, has appealed to all secular parties and members of Parliament to not only strongly oppose the Waqf Amendment Bill when it is presented in Parliament tomorrow but also to vote against it to prevent the BJP’s communal agenda.”
According to him, the bill is not just discriminatory but also violates core constitutional values.
“This bill is not only based on discrimination and injustice, but also directly contradicts the provisions of fundamental rights under Articles 14, 25 and 26 of the Indian Constitution.”
Maulana Rahmani also expressed concern that the proposed law would weaken Waqf protections, encourage the government to take control of Waqf properties, and escalate illegal seizures.
“Through this bill, the BJP aims to weaken Waqf laws and pave the way for the seizure and destruction of Waqf properties. Even with the existence of the Places of Worship Act, the issue of searching for temples in every mosque is continuously escalating. If this amendment is passed, there will be a surge in illegitimate governmental and non-governmental claims on Waqf properties, making it easier for Collectors and District Magistrates to seize them.”
In the official appeal, AIMPLB highlighted that the bill proposes major structural changes to the Waqf system. These include scrapping legal protections for Waqf properties, removing special exemptions under the Law of Limitation, and allowing non-Muslims into the Waqf Boards and Central Waqf Council.
“The Board President further said in his appeal that these amendments would lead to the abolition of Waqf by-user, the removal of exemptions from the Law of Limitation, the inclusion of non-Muslim members in Waqf Boards and the Central Waqf Council and the reduction of the powers of the Waqf Tribunal—changes that would effectively strip Waqf properties of their legal protections.”
He warned that handing over control to local and state government bodies would only worsen the problem.
“Additionally, the inclusion of government entities (central and state governments, municipal corporations, and semi-autonomous bodies) in this Act, along with the provision for government claims to be resolved by Collectors or District Magistrates instead of the Waqf Tribunal, is an amendment that would legitimize governmental encroachment on Waqf properties.”
The statement also emphasized the unfairness of only targeting Muslim religious endowments, while similar protections exist for other communities.
“It is also necessary to mention that these protections are granted to religious endowments of other communities as well and thus, exclusively targeting Muslim Waqf properties is an act of discrimination and injustice.”
Maulana Rahmani called for national unity and mutual respect among different religious communities in India.
“Maulana Rahmani further stated in his appeal that our country is globally recognized for Hindu-Muslim brotherhood and for mutual respect for each other’s religions, customs and festivals. However, unfortunately, the power of the nation is currently in the hands of those who seek to destroy this atmosphere of communal harmony and create anarchy and chaos.”
In his closing remarks, he urged MPs to stand with the Muslim community and reject the bill.
“I expect you and your party will strongly oppose the Waqf Amendment Bill 2024 when it will be tabled in the parliament tomorrow and will not disappoint lakhs of Muslim citizens across the nation, who have faith in you and whom you represent.”
The appeal has been issued by Dr. M Vaquar Uddin Latifi, Office Secretary, and reflects the Board’s deep concerns about the communal and legal implications of the Waqf Amendment Bill.
The All India Muslim Personal Law Board continues to advocate for protection of religious rights, and the rejection of what it describes as discriminatory and unconstitutional legal reforms.
Background of the Bill
Initially introduced in the Lok Sabha in August 2024, the Bill was subsequently referred to a Joint Parliamentary Committee (JPC) for detailed examination. The JPC submitted its report in February 2025.
During its deliberations, the committee faced notable incidents, including the suspension of Senior Advocate and All India Trinamool Congress leader Kalyan Banerjee for a day in October 2024 after a heated argument with Bharatiya Janata Party (BJP) leader and former Calcutta High Court judge Justice Abhijit Gangopadhyay.
Key Provisions of the Bill
- Renaming the Act: The Bill proposes to rename the existing legislation to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, reflecting its broader objective of enhancing the management and efficiency of waqf boards and properties.
- Formation of Waqf:
- The current Act allows waqf to be formed by declaration, long-term use (waqf by user), or endowment.
- The Bill stipulates that only a person practicing Islam for at least five years may declare a waqf and must own the property being declared.
- It removes the provision of waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes.
- It adds that waqf-alal-aulad (family waqf) must not result in the denial of inheritance rights to the donor’s heirs, including female heirs.
- Survey of Waqf Properties:
- The Act provides for the appointment of a Survey Commissioner to conduct surveys of waqf properties.
- The Bill replaces the Survey Commissioner with the District Collector or an officer above the rank of collector chosen by the state to determine the ownership of property and submit a report to the state government.
- Government Property as Waqf:
- The Bill states that any government property identified as waqf will cease to be so.
- The District Collector will determine ownership in case of uncertainty and update the revenue records accordingly.
- Composition of Waqf Boards and Councils:
- The Act constituted the Central Waqf Council to advise the central and state governments and waqf boards, with the Union Minister in charge of waqf as the ex-officio chairperson.
- The Bill proposes that two members of the Council must be non-Muslims. Members of Parliament, former judges, and eminent persons appointed to the Council need not be Muslims. Representatives of Muslim organizations, scholars in Islamic law, and chairpersons of waqf boards must be Muslims. Of the Muslim members, two must be women.
- The Act allowed for the establishment of separate waqf boards for Sunni and Shia sects if Shia waqf constituted over 15% of all waqf properties or waqf income in the state.
- The Bill also allows for separate waqf boards for the Aghakhani and Bohra sects.
- Waqf Tribunals:
- Under the Act, decisions of the waqf tribunal were final, and appeals against its decisions in courts were prohibited.
- The Bill omits the provisions that granted finality to the tribunal’s decisions, allowing orders to be appealed before High Courts within 90 days.
ALSO READ: Union Cabinet Approves Proposed Changes Of Waqf (Amendment) Bill After JPC Report
Key Changes Based on the JPC Report
The JPC’s scrutiny led to several modifications in the original Bill:
- Waqf-by-User Properties: Properties registered as waqf before the enactment of the Bill will remain as waqf, except if the property is in dispute or is a government property. The provision denying registration of waqf-by-user will only have a prospective effect.
- Declaration of Waqf: Only individuals demonstrating that they have been practicing Islam for at least five years should be able to create waqf.
- Determination of Property Ownership: Instead of district collectors, an officer above the rank of collector chosen by the state will be empowered to determine the ownership of property and submit a report to the state government.
- Legal Proceedings: Legal proceedings for the enforcement of any right on behalf of any waqf that has not been registered may be entertained by courts even after the stipulated period of six months if the applicant satisfies the court that there was sufficient cause for not making the application within such period.
- Waqf Tribunal Composition: The tribunal will remain a three-member body with one member having knowledge of Muslim law and jurisprudence. A former or current District Judge shall be the Chairman, and the other member shall be someone who is or has been an officer of the rank equivalent to Joint Secretary to the state government.
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