Image Source FMT
New Delhi, April 04, 2025 – The Waqf (Amendment) Bill, a contentious piece of legislation aimed at reforming the management of Waqf properties in India, has cleared the Rajya Sabha with 128 votes in favor and 95 against. This follows its passage in the Lok Sabha just 24 hours earlier, where it secured 288 Ayes against 232 Noes. The bill now awaits the President’s assent to become law, marking a significant shift in how Waqf properties will be governed.
A Divisive Vote and Opposition Rifts
The Rajya Sabha vote exposed cracks within the Opposition. Notably, the Biju Janata Dal (BJD), led by Naveen Patnaik, allowed its seven MPs to vote freely, bypassing the party whip. BJD leader Sasmit Patra later took to X, explaining that the decision reflected concerns raised by minority communities. The bill’s passage highlights both political strategy and ideological divides, with debates centering on property rights, religious autonomy, and governance.
The Debate: Key Arguments For and Against
Union Minority Affairs Minister Kiren Rijiju spearheaded the government’s defense, asserting that the bill targets corruption and mismanagement within Waqf Boards, not Muslim interests. “The Waqf Board’s beneficiaries will remain exclusively Muslim,” he emphasized, pointing to a new requirement: proof of ownership must now accompany any Waqf property claim, ending the earlier practice of unilateral declarations by the Board.
Rijiju, alongside Union Home Minister Amit Shah, cited high-profile examples of disputed Waqf properties, including plots in Lutyens’ Delhi, a 400-year-old Tamil Nadu temple, and even the old Parliament building. Shah also clarified legal nuances, noting that the 2013 Waqf Act restricted civil suits, leaving only writ petitions as a recourse — a limitation the amended bill seeks to address.
The Opposition, led by Congress MP Syed Naseer Hussain, accused the government of distorting facts. Hussain defended the 123 properties flagged by the government, arguing they were mosques, graveyards, or dargahs, many transferred to the Waqf Board during the British era. Congress president Mallikarjun Kharge warned of “seeds of conflict,” urging the bill’s withdrawal or revision due to its narrow Lok Sabha margin, which he saw as evidence of flawed legislation.
BJP president JP Nadda countered, framing the bill as a progressive step for underprivileged Muslims and questioning why India lagged behind Muslim-majority nations in modernizing Waqf laws.
Key Controversies in the Waqf (Amendment) Bill
- Inclusion of Non-Muslims: The bill mandates two non-Muslim members in the Central Waqf Council and state Waqf Boards, a provision fiercely opposed by leaders like AIMIM’s Imtiaz Jaleel. Critics question why similar inclusivity isn’t applied to Hindu religious trusts like Tirupati or the Ram Temple.
- Eligibility to Donate: Only those practicing Islam for at least five years can donate property to Waqf, raising concerns over how “practicing Muslim” will be defined and verified.
- Property Disputes: Government land claimed as Waqf will now be adjudicated by a senior official (above Collector rank), replacing the Waqf tribunal system, a move seen as centralizing control.
What’s Next?
With both houses of Parliament approving the bill, it heads to the President for final assent. If signed into law, the amendments will overhaul the 1995 Waqf Act, aiming for transparency but sparking fears of overreach among Muslim communities and Opposition parties.
Why It Matters
The Waqf (Amendment) Bill has ignited debates over religious freedom, property rights, and governance in India. Its passage reflects the government’s push for reform but leaves lingering questions about implementation and its impact on minority communities.et these provisions as an attempt by the government to assert greater control over Waqf properties.
