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Informist, Friday, Apr. 4, 2025

NEW DELHI - The Waqf (Amendment) Bill, 2025, which seeks to amend the law for administration of waqf properties in the country, secured the Rajya Sabha's nod nearly 24 hours after it was passed by the Lok Sabha. The Bill was passed in the Upper House in the early hours of Friday, with 128 members voting in favour of the Bill and 95 members voting against it. The Upper House debated the bill for over 12 hours. 

During the discussion, Minority Affairs Minister Kiren Rijiju rejected allegations that the Bill would harm the interests of Muslims. Rijiju asserted that non-Muslims couldn't interfere in the Waqf Board's affairs since its management, creation, and beneficiaries would remain exclusively Muslim. Lauding the Bill, Union minister and Bharatiya Janata Party President J.P. Nadda said the primary objective of the legislation was to bring reforms into the administration of Waqf boards. He also asserted that the Bill wouldn't be used to bulldoze administrative reforms and that the government strictly adhered to democratic principles.

The opposition parties, menwhile, termed the Bill divisive and unconstitutional. Congress President and Leader of Opposition in the Rajya Sabha Mallikarjun Kharge said the Bill was brought to harass the Muslim community. 

"How can district collectors be authorised to survey waqf properties? Why are non-Muslims appointed to key Waqf institutions? Hindu temple trusts don't allow Muslims or Dalits, so why should the Waqf boards?," Kharge asked. He urged the government to withdraw the Bill. 

Congress member Syed Naseer Hussain slammed the government for polarising the nation and asked why the BJP had supported the 1995 Waqf Bill which they now termed draconian and against the Constitution. He said the amendments passed in 2013 were also supported by the BJP. 

Leaders of several Opposition parties, including the Trinamool Congress, the Dravida Munnetra Kazhagam, the Aam Aadmi Party, the Shiv Sena (UBT), the Samajwadi Party, the Rashtriya Janata Dal, and the Left parties, accused the government of introducing the Bill with malicious intentions. Manoj Jha of the RJD expressed concern about the Bill's content and intent, urging the government to revisit it and send it to a select committee of Parliament once again. Samajwadi Party member Ram Gopal Yadav emphasised the importance of treating all religions with respect and warned against India's potential transition towards a totalitarian state.

Apart from opposition parties, the Biju Janata Dal, the YSR Congress Party and the Bharat Rashtra Samiti also opposed the Waqf amendment bill. The BJD and YSR Congress, however, didn't issue whip to its members in the Upper House. The combined strength of the three parties is 18. 

The Lok Sabha had passed the Bill on Thursday, with 288 votes in favour and 232 against after a marathon debate which went for nearly 12 hours. After the Rajya Sabha's nod, the legislation will be sent for the President's assent. 

The Bill was initially introduced in the Lok Sabha in August last year and subsequently sent to a joint parliamentary committee for wider scrutiny after various concerns were raised by opposition parties. The committee submitted its report in February, making several recommendations. 

The government incorporated the suggestions made by the committee in the Bill and tabled the new Bill for discussion and passing in the Lok Sabha on Wednesday. The revised Bill clarifies that "waqf by user" properties registered before the commencement of the Waqf Amendment Act 2025 will retain their status unless disputed or designated as government property. 'Waqf by user' refers to a type of waqf where properties are recognised as religious or charitable endowments through the continuous use by the community, even without formal documentation.

The new Bill retained the provisions that allow the appointment of non-Muslims in the Central Waqf Council, state waqf boards, and waqf tribunals. It also added a provision to allow the waqf tribunal to extend six months' time for the registration of waqfs in the centralised portal.

The Waqf Amendment Bill, which seeks to amend the Waqf Act, 1995, will bring about significant changes in the administration and management of waqf properties. It shrinks the powers of the Waqf Board and empowers the central government to make rules pertaining to asset management and administration. The Bill seeks to omit Section 40 of the Waqf Act, which empowers the board to decide if a property is a waqf property. It also seeks to streamline the registration of waqfs through a central portal and database.

Waqf is a charitable or religious donation made by Muslims for the benefit of the community.  End

Reported by Kuldeep Singh

Edited by Avishek Dutta

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