New Delhi

The Waqf (Amendment) Bill, 2025, which was passed by the Lok Sabha late nbight aims at transforming Waqf administration in India by ensuring better governance, transparency, and accountability. It seeks to create a streamlined, technology-driven, and legally robust framework for the management of Waqf properties, while also fostering socio-economic development for the intended beneficiaries, reports News Agency IANS.

Unified Waqf Management: Key issues affecting Waqf properties include incomplete survey of Waqf properties; significant backlog of litigations in Tribunal and Waqf Boards; improper account, auditing and monitoring of Mutawallis; the mutation of all Waqf properties has not been done properly.

Empowerment of Central Waqf Council and State Waqf Boards: Inclusion of diverse groups like non-Muslim, other Muslim communities, other backward classes among Muslim communities and Women etc in the decision making, to enhance representation and efficiency.

Efficiency of State Waqf Boards: a digital portal and database will automate Waqf registration, survey, mutation, audits, leasing, and litigation, ensuring scientific, efficient, and transparent governance.

Development of Auqaf: Portal-based lifecycle management will streamline administration; Section 65 mandates Waqf Boards to submit reports on management and income improvements within six months, ensuring timely action; and section 32(4) allows Waqf Boards to develop Waqf lands into educational institutions, shopping centers, markets, or housing by taking over properties from Mutawallis when necessary.

What are the key reforms recommended by the Joint Committee?

The amendments to the Waqf Act, 1995 as recommended by the Joint Committee on Waqf Amendment Bill, 2024 (JCWAB), introduce progressive reforms, including:

Key Reforms in Waqf (Amendment) Bill 2025, separation of Trusts from Waqf: Muslim-created trusts under any law will no longer be considered Waqf, ensuring full control over trusts.

Technology & Central Portal: A centralised portal will automate Waqf property management, including registration, audits, contributions, and litigation, ensuring efficiency and transparency. This also efficiently utilizes technology for the automation of Waqf management.

Eligibility for Waqf Dedication: Only practicing Muslims (for at least five years) can dedicate their own property to Waqf, restoring the pre-2013 provision.

Protection of ‘Waqf by User’ Properties: Already registered properties remain Waqf unless disputed or identified as government land.

Women's Rights in Family Waqf: Women must receive their rightful inheritance before Waqf dedication, with special provisions for widows, divorced women, and orphans.

Transparent Waqf Management: Mutawallis must register property details on the central portal within six months to enhance accountability.

Government Land Waqf Disputes: An officer above the rank of Collector will investigate government properties claimed as Waqf, preventing unwarranted claims.

Strengthening Waqf Tribunals: A structured selection process and fixed tenure ensure stability and efficiency in dispute resolution.

Non-Muslim Representation: Two non-Muslim members will be included in both Central and State Waqf Boards to ensure inclusivity.

Reduced Annual Contributions: Waqf institutions' mandatory contribution to Waqf Boards is reduced from 7 percent to 5 percent, allowing more funds for charity.

Application of the Limitation Act: The Limitation Act, 1963, will now apply to Waqf property claims, reducing prolonged litigation.

Annual Audit Reforms: Waqf institutions earning over Rs 1 lakh annually must undergo audits by state government-appointed auditors.

Ending Arbitrary Property Claims: The Bill removes Section 40, preventing Waqf Boards from arbitrarily declaring properties as Waqf, avoiding misuse like declaring entire villages as Waqf.

These cases underscored the arbitrary and unregulated power exercised by Waqf Boards. To address this, Section 40 of the Waqf Act is being omitted, ensuring fair and just administration of Waqf properties.

What are some instances of Non-Muslim properties declared as Waqf?

As of September 2024, data from 25 States/UTs Waqf Boards shows that 5,973 government properties have been declared as Waqf. Some examples include:

As per MoHUA (Ministry of Housing and Urban Affairs) in September 2024, 108 properties are under control of Land and Development Office, 130 properties under control of Delhi Development Authority and 123 properties in the public domain were declared as Waqf properties and brought into litigation.

Karnataka (1975 and 2020): 40 Waqf properties were notified, including farmlands, public spaces, government lands, graveyards, lakes, and temples. The Punjab Waqf Board has claimed land belonging to the Education Department in Patiala.

Examples of other Non-Muslim properties declared as Waqf:

Tamil Nadu: A farmer in Thiruchenthurai village was unable to sell his land due to the Waqf Board’s claim over the entire village. This unexpected requirement prevented him from selling his land to repay a loan for his daughter's wedding.

Govindpur Village, Bihar: In August 2025, the Bihar Sunni Waqf Board’s claim over an entire village in August 2024 affected seven families, leading to a case in the Patna High Court. The case is sub-judice.

Kerala: In September 2024, around 600 Christian families in Ernakulam district are contesting the Waqf Board’s claim over their ancestral land. They have appealed to the Joint Parliamentary Committee.

Karnataka: In 2024, Farmers protested after the Waqf Board designated 15,000 acres in Vijayapura as Waqf land. Disputes also arose in Ballari, Chitradurga, Yadgir, and Dharwad. The government, however, assured that no evictions would take place.

Uttar Pradesh: Complaints have been raised against alleged corruption and mismanagement by the State Waqf Board.

How is the Waqf Amendment Bill 2024 expected to benefit the Poor?

Waqf plays a crucial role in serving religious, charitable, and social welfare needs, especially for the underprivileged. However, its impact has often been reduced due to mismanagement, encroachment, and lack of transparency. Some key benefits of Waqf for the Poor:

Digitisation for transparency and accountability

A centralised digital portal will track Waqf properties, ensuring better identification, monitoring, and management. Auditing and accounting measures will prevent financial mismanagement and ensure funds are used only for welfare purposes.

Increased Revenue for Welfare and Development

Preventing misuse and illegal occupation of Waqf lands will boost revenue for Waqf Boards, allowing them to expand welfare programs. Funds will be allocated to healthcare, education, housing, and livelihood support, directly benefiting the economically weaker sections. 

Regular audits and inspections will promote financial discipline and strengthen public confidence in Waqf management.

How does the inclusion of non-Muslim members in the Waqf Board and Central Waqf Council contribute to Waqf management, and what is the extent of their role and influence in decision-making?

Non-Muslim Stakeholders: Donors, litigants, lessees, and tenants are involved in Waqf management, making their representation in Waqf Boards and the Central Waqf Council (CWC) are essential for fairness.

Regulation of Secular Activities: Section 96 empowers the Central Government to regulate governance, social, economic, and welfare aspects of Waqf institutions, reaffirmed by court rulings.

Oversight Role of Central Waqf Council: The CWC supervises State Waqf Boards, ensuring compliance without direct control over Waqf properties. This highlights that Waqf management extends beyond religious aspects to economic and financial regulation.

Non-Muslim Representation: State Waqf Boards: 2 out of 11 members (excluding ex-officio) can be non-Muslims; and Central Waqf Council: 2 out of 22 members (excluding ex-officio) can be non-Muslims.

While decisions are made by majority vote, non-Muslim members can contribute administrative and technical expertise, improving the efficiency and governance of Waqf institutions