KKN Gurugram Desk | On April 8, 2025, the Waqf (Amendment) Act was officially enforced across the country, marking a significant shift in the management of Waqf properties and institutions. The Waqf (Amendment) Law was passed after intense debates and discussions in the Parliament, with the final approval granted by President Droupadi Murmu on April 5, 2025. The law is poised to introduce several key changes aimed at improving the management and transparency of Waqf boards, which control properties that are primarily meant for religious, charitable, and community purposes under the Waqf Act.

This reform, although hailed as a progressive move by the central government, has also been the subject of considerable controversy, with several political and religious groups expressing concerns over its implementation. The enforcement of the law comes at a time when debates about its potential impact on religious communities, particularly Muslim communities, are intensifying.

What Does the Waqf (Amendment) Act Entail?

The Waqf (Amendment) Act 2025 introduces several changes to the existing Waqf Act, which was originally passed in 1995. Some of the key provisions of the new law include:

1. Enhanced Oversight and Accountability of Waqf Boards
   One of the main provisions of the Waqf (Amendment) Act is the establishment of enhanced oversight and accountability measures for Waqf boards. These boards, which manage Waqf properties, will now be required to adhere to stricter financial management practices, including regular audits and reports to ensure transparency in the use of funds. This is expected to improve the management of properties and reduce the chances of misuse or mismanagement.

2. Revamping of Waqf Property Management
   The law provides clearer guidelines on the administration of Waqf properties. It aims to ensure that the income generated from these properties is properly allocated for religious and charitable purposes as per the intentions of the donors. The reform seeks to curb illegal encroachments and enhance the protection of Waqf assets.

3. Formation of Waqf Tribunals
   A significant addition under this amendment is the creation of Waqf Tribunals to address disputes related to the administration and management of Waqf properties. These tribunals will have the power to resolve issues concerning ownership, encroachments, and conflicts over the use of Waqf properties.

4. Increased Role of Central Government
   The law also empowers the central government to take a more active role in the functioning of Waqf boards, including the power to appoint members to these boards and oversee the implementation of various policies. This move aims to bring more uniformity and standardization in the way Waqf properties are handled across the country.

5. Property Registration and Public Awareness
   The law mandates a comprehensive registration of all Waqf properties across the country. It also includes provisions for public awareness campaigns to educate people about the importance of Waqf properties and their proper utilization. The central government is expected to coordinate with state governments to ensure the proper implementation of these measures.

Controversy and Protests Surrounding the Law

While the Waqf (Amendment) Act is seen as a necessary step towards modernizing the management of Waqf properties, it has also sparked a significant amount of opposition. Critics argue that the law could lead to the centralization of power, potentially sidelining local communities and organizations that have historically been responsible for managing Waqf assets.

1. Concerns Over Political Interference
   Many political opponents of the amendment argue that the increased role of the central government in the management of Waqf boards could lead to political interference in religious affairs. They fear that the central government could use its influence to control Waqf properties for political gain, undermining the autonomy of religious institutions.

2. Impact on Religious Minorities
   Some religious leaders and organizations have expressed concern that the amendments could disproportionately affect the Muslim community, as the majority of Waqf properties are associated with Islamic institutions. They argue that the law could lead to increased regulation and scrutiny of these properties, potentially reducing the autonomy of Muslim religious bodies.

3. Protests and Legal Challenges
   The passage of the law has already triggered protests in various parts of the country, with groups claiming that the amendment violates religious freedoms and infringes upon the rights of religious institutions to manage their own affairs. More than ten petitions have been filed in the Supreme Court challenging the validity of the Waqf (Amendment) Act. These petitions raise concerns about the potential overreach of the government and the lack of consultation with affected communities before the law was passed.

Government’s Response to Protests and Legal Challenges

In response to the widespread protests and legal challenges, the central government has maintained that the law is in the best interest of Waqf property management and aims to bring transparency and efficiency to the system. The government has argued that the reforms are necessary to prevent the misuse of Waqf assets, which have often been subjected to encroachments, mismanagement, and lack of proper accountability.

The government has also made it clear that the law is not intended to infringe upon the rights of religious communities, but rather to ensure that Waqf properties are used for their intended purposes. Officials have stated that the central government is open to addressing any concerns raised by the opposition and religious groups, and is committed to working with state governments to ensure that the law is implemented in a fair and equitable manner.

Implications of the Waqf (Amendment) Act on Religious and Charitable Institutions

The Waqf (Amendment) Act is expected to have far-reaching implications for both religious and charitable institutions that rely on Waqf properties for funding and resources. These institutions will need to adapt to the new legal framework, which will require them to maintain more detailed records of their financial transactions, undergo audits, and comply with stricter regulations regarding property management.

For many religious institutions, the amendments may prove challenging, particularly for smaller organizations that do not have the resources or infrastructure to meet the new compliance requirements. On the other hand, larger institutions with more robust management systems are likely to benefit from the increased transparency and accountability.

Waqf (Amendment) Act and Its Long-Term Impact on Indian Society

While the Waqf (Amendment) Act has sparked controversy, its long-term impact on Indian society could be significant. The law aims to modernize the management of Waqf properties, enhance transparency, and improve the allocation of resources for charitable and religious purposes. If effectively implemented, the law could lead to better utilization of Waqf assets, which could, in turn, benefit local communities and promote social welfare.

Moreover, the establishment of Waqf Tribunals could provide a more efficient and accessible mechanism for resolving disputes related to Waqf properties. This could help reduce the backlog of cases in regular courts and expedite the resolution of conflicts, benefiting both the institutions involved and the broader public.

The enforcement of the Waqf (Amendment) Act 2025 represents a significant shift in the way Waqf properties are managed in India. While the law aims to bring transparency, efficiency, and accountability to the system, it has also raised concerns about political interference and its potential impact on religious autonomy. As protests continue and legal challenges are pursued, the future of the Waqf (Amendment) Act remains uncertain. However, the government’s commitment to addressing concerns and ensuring fair implementation will be crucial in determining the law’s long-term success.