06/04/2025
There is a lot of confusion among many people regarding the Waqf Bill. I am trying to put together the amended sections in short form.
The Waqf (Amendment) Bill, 2025, passed by the Indian Parliament in April 2025, introduces several section-wise amendments to the Waqf Act, 1995, aiming to enhance transparency, accountability, and efficiency in the management of Waqf properties. Below is a detailed breakdown of the key section-wise amendments based on available information up to April 5, 2025. Note that the exact section numbers and full text may vary slightly in the final legislation, but these reflect the widely reported changes:
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# # # 1. **Renaming of the Act**
- **Section Affected**: Title of the Act (Preamble)
- **Amendment**: The Waqf Act, 1995, is renamed as the "Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, 1995."
- **Purpose**: To reflect the bill's focus on modernizing and streamlining Waqf administration while emphasizing empowerment and development.
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# # # 2. **Definition of Waqf**
- **Section Affected**: Section 3 (Definitions)
- **Amendment**:
- Clarifies that Waqf can only be created by a person practicing Islam for at least five years and who owns the property being dedicated.
- Removes the provision of "Waqf by user," which allowed properties to be recognized as Waqf based on long-term religious use without formal documentation.
- **Purpose**: To prevent arbitrary claims on properties and ensure legal ownership, while existing Waqf-by-user properties registered before the bill remain valid unless disputed by the government.
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# # # 3. **Composition of Waqf Boards and Central Waqf Council**
- **Section Affected**: Section 14 (State Waqf Boards) and Section 9 (Central Waqf Council)
- **Amendment**:
- Mandates the inclusion of at least two non-Muslim members in both State Waqf Boards and the Central Waqf Council.
- Requires representation from diverse Muslim sects (e.g., Shia, Sunni, Bohra, Aghakhani) and backward classes.
- Ensures at least two Muslim women members in both bodies.
- **Purpose**: To promote inclusivity, transparency, and gender equality in Waqf governance, though this has sparked debate over potential interference in religious autonomy.
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# # # 4. **Removal of Section 40**
- **Section Affected**: Section 40 (Power of Board to Determine Waqf Property)
- **Amendment**:
- Completely repeals Section 40, which previously allowed Waqf Boards to unilaterally declare any property as Waqf property.
- **Purpose**: To curb misuse of authority by Waqf Boards, which had led to disputes over private and public lands (e.g., claims on temples or villages). Now, such declarations must follow legal scrutiny and can be challenged in courts.
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# # # 5. **Registration of Waqf Properties**
- **Section Affected**: Section 36 (Registration)
- **Amendment**:
- Introduces mandatory registration of all Waqf properties within six months of the law’s commencement through a centralized digital portal.
- Courts cannot entertain suits regarding Waqf property rights unless registered within this period, except with "sufficient cause" for delay.
- **Purpose**: To digitize records, enhance transparency, and reduce litigation by ensuring all properties are accounted for systematically.
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# # # 6. **Judicial Oversight and Appeals**
- **Section Affected**: Section 6 (Disputes Regarding Waqf) and Section 7 (Determination by Tribunal)
- **Amendment**:
- Removes the finality of Waqf Tribunal decisions, allowing appeals to High Courts within 90 days.
- Revises Tribunal composition to include a District Judge, a government officer, and a member with knowledge of Muslim law.
- **Purpose**: To provide judicial recourse, increase accountability, and address concerns over lack of oversight in Tribunal rulings.
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# # # 7. **Repeal of Section 107**
- **Section Affected**: Section 107 (Act to Have Overriding Effect)
- **Amendment**:
- Deletes Section 107, making the Limitation Act, 1963, applicable to Waqf properties.
- **Purpose**: Allows time limits (e.g., 12 years for adverse possession claims) to apply, potentially enabling encroachers to claim ownership if unchallenged for over 12 years, a point of contention among critics.
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# # # 8. **Removal of Waqf by User**
- **Section Affected**: Section 3(r) (Definition of Waqf) and related provisions
- **Amendment**:
- Eliminates the recognition of "Waqf by user" prospectively, meaning new properties cannot be deemed Waqf based solely on usage.
- **Purpose**: To prevent historical or customary claims without documentation, though pre-existing registered Waqf-by-user properties are grandfathered unless disputed.
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# # # 9. **Management and Accountability**
- **Section Affected**: Section 32 (Powers and Functions of the Board)
- **Amendment**:
- Empowers District Collectors to enforce measures against encroachment and reclaim Waqf properties.
- Mandates regular audits and digitization of Waqf records to prevent financial mismanagement.
- **Purpose**: To strengthen administrative control, reduce illegal occupation (reportedly affecting 58,898 properties), and ensure funds benefit the community.
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# # # 10. **Welfare Provisions**
- **Section Affected**: New insertions (exact section TBD)
- **Amendment**:
- Directs increased Waqf revenue toward healthcare, education, housing, and livelihood programs, especially for poor Muslims, widows, and divorced women.
- Encourages partnerships with charitable organizations for welfare initiatives.
- **Purpose**: To align Waqf properties with social welfare goals, enhancing their utility for marginalized communities.
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# # # 11. **Exclusion of Trusts**
- **Section Affected**: Section 3 (Definitions)
- **Amendment**:
- Explicitly excludes properties governed by the Indian Trusts Act, 1882, from being classified as Waqf.
- **Purpose**: To resolve overlaps between Waqf and secular trust laws, clarifying legal jurisdiction.
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# # # 12. **Repeal of Mussalman Wakf Act, 1923**
- **Section Affected**: Separate legislation
- **Amendment**:
- The Mussalman Wakf (Repeal) Bill, 2025, passed alongside, repeals the outdated Mussalman Wakf Act, 1923.
- **Purpose**: To consolidate Waqf governance under a single, updated framework.
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# # # Key Implications:
- **Transparency**: Digitization and audits aim to curb corruption and mismanagement.
- **Inclusivity**: Non-Muslim and women’s representation broadens governance but raises constitutional questions under Article 26 (religious autonomy).
- **Litigation**: Judicial appeals and registration deadlines may reduce disputes but could challenge existing Waqf claims.
- **Criticism**: Opponents argue it encroaches on Muslim personal law and risks property loss via the Limitation Act, while supporters see it as a reform to end arbitrary power.
These amendments reflect the government’s stated intent to modernize Waqf administration, though they remain controversial, with legal challenges already filed in the Supreme Court as of April 4, 2025. For the exact text, the final gazette notification post-Presidential assent would be required.
