The Waqf bill, passed in the Indian parliament, has raised concerns. According to multiple sources including the British Broadcasting Corporation, the parliament of India (both the lower house and upper house) passed the Waqf (Amendment) Bill 2025 a few days ago after hours of heated debate, leading to controversies and protests. While the government says the bill will make the management of Waqf properties — Muslim properties — more transparent and safeguard people’s rights, opponents say it is “unconstitutional” and infringes on the rights of India’s Muslim community. But it remains unclear whether the concerns of the parties with the waqf bill, which seeks to change how properties worth billions of dollars donated over centuries are governed, will be heeded.
Regulatory land laws are made and amended by the government in different countries, even if the lands are private. The amendment of the Waqf Act of 1995 which governs the management of Waqf properties in India, where there are at least 872,351 such properties that are equivalent to more than one million acres, will help improve the management and prevent the illegal possession of such properties. Notably, there are several positive sides of the amendment including the removal of Section 40 of the 1995 Waqf Act that allows the Waqf Boards and the Tribunal to declare any land as Waqf property, the property that reflects a charitable or religious donation of Muslims for the benefit of the community and which include mosques, madrassas, orphanages and shelter homes in India.
But the amendment of the waqf bill has the chance of being misused on several grounds and can lead to various outcomes because of controversial provisions and the existence of religious divisions. Different sections including the arbitrary power in Section 40 (although the earlier provision in this section was removed) and the omitting of the provisions relating to the “Waqf by user” may lead to misuse. Since Waqf properties were largely given verbally until documentation became the standard norm, the omitting of the “Waqf by user” can facilitate the law’s misuse. Amongst the others, the inclusion of non-Muslims on the waqf boards is controversial and has the chance of the law being misused against the interest of Muslims.
Photo credit: https://edition.cnn.com/.
The controversial bill may pave the way for the seizure and destruction of waqf properties in India — consequently. Pertinently saying, India is a country of people of multiple religions. Despite long religion-based conflicts in India, most Muslims and Hindus live in peace with mutual respect. But the waqf bill, against which many protested before its passing in the parliament this month, may help divide Hindus and Muslims further in India, which has passed several laws that have gone against Muslims and experienced several communal riots over the last few decades if the concerns raised by lawmakers and aggrieved parties are not addressed.
Addressing the reasoned concerns of opposition parties and aggrieved parties with the amendment of the Waqf bill is vital. The incorporation of suggestions made by the opposition members of the joint parliamentary committee (JPC), to which the bill was sent after an outcry from opposition leaders but which merely took the recommendations of the government party, can help address the reasoned concerns of the parties and make the amendment better reflective of the people’s desires.
Amir M Sayem
Chief Editor
Dhaka Opinion Magazine
