Shillong, April 3: The Lok Sabha recently debated and passed two significant bills concerning Waqf properties; the Waqf (Amendment) Bill, 2025 and the Mussalman Wakf (Repeal) Bill, 2024.

These bills aim to bring greater transparency to the management of Waqf properties while addressing alleged misuse and illegal encroachments.

What is Waqf?

Waqf, an Arabic term, refers to property donations made for religious or social welfare purposes in Islam. The concept dates back to the time of the second caliph, Hazrat Umar and in modern India, Waqf properties function similarly to charitable trusts.

However, such donations must come from private ownership, meaning neither government land nor someone else’s property can be designated as Waqf.

The new amendments seek to regulate how Waqf properties are managed. The government argues that previous loopholes have allowed land to be misappropriated or used for commercial gain instead of benefiting the intended community. One of the key provisions in the amendment requires that before any property is declared as Waqf, it must undergo verification by the District Collector. This is meant to prevent arbitrary declarations and ensure that public and private lands are not wrongfully taken over. The bill also establishes a transparent audit system to track and manage Waqf assets effectively. While only those following Islam can manage Waqf properties, non-Muslims may participate in administrative roles related to financial oversight, but not in religious activities.

Why is the Law needed?

The government has pointed to several cases where Waqf laws have allegedly been misused, citing examples such as 123 properties in Delhi’s Lutyens’ Zone being transferred to Waqf, 400 acres of temple land in Tamil Nadu being declared Waqf property and 29,000 acres of Waqf land in Karnataka being leased out for commercial use. According to the government, these amendments will help reclaim such lands and prevent further misuse.

However, opposition parties have strongly criticized the bill, arguing that it is an attempt to interfere with Muslim religious institutions. They claim that the bill is creating fear within the community and that the government is targeting Waqf under the guise of reform. In response, the government has maintained that the law does not interfere with religious aspects but only ensures that Waqf properties are used for their intended charitable purposes.

The Home Minister has pointed out that similar fears were raised during discussions on the Citizenship Amendment Act (CAA) and the abrogation of Article 370, yet no negative consequences materialized as predicted by critics.

Waqf and Schedule Lands

One of the most contentious aspects of the Waqf (Amendment) Bill, 2025, is its impact on Schedule lands, particularly tribal lands and areas protected under the Fifth and Sixth Schedules of the Constitution. These schedules are meant to safeguard the rights of Scheduled Tribes (STs) and protect their land from being alienated or taken over by non-tribal entities. However, past cases have shown that Waqf properties have sometimes been declared on such lands, leading to disputes over ownership and control.

The government argues that the bill will prevent any unauthorized Waqf claims on Schedule lands, ensuring that land meant for tribal communities remains protected. The amendment mandates that District Collectors must verify and approve any new Waqf property declarations, which will prevent arbitrary claims. This provision is particularly relevant in states like Assam, Jharkhand, Chhattisgarh, and parts of the Northeast, where tribal communities have raised concerns over Waqf Boards asserting control over lands traditionally belonging to indigenous populations.

There have been several controversial cases where Waqf Boards have laid claim to Schedule lands. In Telangana, a claim was made on 1,700 acres of tribal land worth ₹66,000 crore, while in Assam, a 134-acre plot in Morigaon district was contested as Waqf property. Similar disputes have arisen in states like Maharashtra and Karnataka, where land protected under tribal and constitutional provisions was declared Waqf without proper verification.

The government has cited such instances as examples of why the law needs to be amended to prevent illegal encroachments.

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