• There are at least 872,351 Waqf properties across India, spanning more than 940,000 acres, with an estimated value of 1.2 trillion rupees or $14.22 billion.

• The Amendment allows the government to appoint non-Muslim members to the Waqf Boards.

• The Waqf (Amendment) Bill 2024 may result as a last nail in the coffin of Indian Democracy.

What is the Waqf (Amendment) Bill 2024 in India? The concept of Waqf in Islamic law refers to an endowment made by a Muslim for religious, charitable, or social welfare purposes. This property is dedicated in perpetuity, meaning it cannot be sold, transferred, or inherited. In India, waqf properties hold significant importance as they contribute to religious and social welfare institutions such as mosques, madrasas (Islamic schools), orphanages, and hospitals.

To regulate and manage these properties, the Indian government has enacted several laws, including the Waqf Act, 1995 and its subsequent amendments. The Waqf Bill refers to various legislative measures introduced to govern waqf properties, ensuring their proper management, protection, and utilization for the benefit of the community.

Historical Background of Waqf Legislation in India

The concept of waqf has existed in India since the early Muslim rule, particularly during the Delhi Sultanate and Mughal Empire. The Mughal rulers institutionalized waqf endowments to build mosques, madrasas, and public welfare institutions. British colonial rule introduced formal laws related to waqf, such as the Mussalman Wakf Validating Act, 1913, which legally recognized the creation of waqfs. After partition, the Indian government introduced new laws to govern these properties. These include:

• Waqf Act, 1954: This was the first comprehensive legislation passed by independent India to regulate waqf properties. It introduced the concept of Waqf Boards for management at the state level.
• Waqf Act, 1995: This act repealed the 1954 legislation and provided a detailed framework for the management and protection of waqf properties. It also strengthened the powers of Waqf Boards.
• The Waqf (Amendment) Act, 2013: This amendment introduced stricter provisions to prevent encroachments on waqf properties and improve their governance.

Key Provisions of the Waqf Act, 1995 (and Amendments)

1. Definition and Administration of Waqf Properties

• The Act defines waqf as a permanent dedication of property for religious, pious, or charitable purposes.
• It establishes Central Waqf Council (CWC) at the national level to advise the government and oversee the functioning of State Waqf Boards.
• State Waqf Boards (SWBs) are created in each state to manage and oversee waqf properties.

2. Registration of Waqf Properties

• All waqf properties must be registered with the State Waqf Board.
• Mutawallis (custodians of waqf properties) are required to submit annual reports on income and expenditure.

3. Protection of Waqf Properties

• Prohibits sale, mortgage, or transfer of waqf properties.
• The Waqf Tribunal is established to resolve disputes related to waqf properties.
• The 2013 amendment introduced stricter penalties for encroachment and unauthorized use of waqf lands.

4. Powers of Waqf Boards

• Can survey waqf properties and remove illegal occupations.
• Authorized to appoint or remove Mutawallis (custodians).
• Empowered to take legal action against encroachments.

Challenges in Waqf Management

Despite legal frameworks, several challenges persist in the effective management of waqf properties in India:

Many waqf properties have been illegally occupied by private entities, government agencies, and individuals. The enforcement of eviction orders remains weak. Thus, it remained a huge challenge for Muslims in India to keep control of their ancestral lands.

A significant number of waqf properties are not properly recorded, leading to disputes and loss of revenue. Some Mutawallis have also been accused of misusing waqf funds for personal gains.

Moreover, the legal framework made Waqf disputes take years to resolve due to slow judicial processes. Additionally, Waqf Tribunals lack adequate powers to enforce decisions effectively.

Thus, there was a need to reform the Waqf Boards to strengthen the structure. Instead, Indian government opted to pave way to take over the control of these properties illegitimately.

Recent Developments and Amendments

The government has been considering further amendments to strengthen waqf property protection. The 2019 Amendment Proposal aimed at improving transparency in waqf management and digitalizing records of waqf properties. Later, the bill was put in front of parliament in August 2024. However, the bill was sent to a Joint Parliamentary Committee after fierce opposition from the opponents.

The Waqf (Amendment) Bill 2024 was passed by the lower house of Indian parliament on April 2, 2025. The proposed amendments will lets non-Muslim members to become part of properties belonging to Muslim groups. It means that non-Muslims will be able to devise rules, take over management and implement their own policies on properties that were donated by Muslims for several hundred years. It also means that extremist Hindu groups may be able to interfere in Islamic culture, traditions and events to a great extent.

The Waqf (Amendment) Bill 2024 is an eye opener for the Muslims of India who had believed in a fake secular ideology of Hindu leaders in 1947. The Indian Hindus continue to show their real face with the passage of Waqf (Amendment) Bill 2024.