Waqf (Amendment) Bill 2025: A step toward transparency and equitable governance in India

New Delhi: The Waqf (Amendment) Bill, 2025, passed by the Indian Parliament, has sparked widespread debate, with protests erupting in opposition-led states such as West Bengal’s Murshidabad and Diamond Harbour, as well as in Delhi and Tamil Nadu.

These demonstrations, largely driven by the INDIA bloc, a coalition comprising the Congress, TMC, DMK, CPI(M), RJD, JMM, and AAP, appear to be politically charged, reflecting broader tensions over the bill’s implications.

However, the BJP-led central government, under Prime Minister Narendra Modi, has positioned the legislation as a transformative reform aimed at addressing long-standing issues of corruption and mismanagement in the administration of waqf properties.

Waqf properties, which are personal assets — movable or immovable — donated by Muslims for religious or charitable purposes, have historically been plagued by irregularities due to inadequate oversight.

The Waqf (Amendment) Bill, 2025, seeks to rectify this by introducing stringent governance measures, ensuring transparency, and promoting the equitable use of these properties for public welfare. Contrary to the opposition’s claims of communal bias, the government asserts that the bill is a progressive step designed to benefit all stakeholders, particularly marginalised sections of society, without targeting any specific community.

Addressing decades of mismanagement

For years, Waqf Boards have been criticised for operating with unchecked authority, often functioning as insular entities with little accountability.

A key point of contention has been Section 40 of the previous Waqf Act, which allowed boards to unilaterally declare properties as waqf without due process—a provision frequently misused for land grabs by vested interests.

The repeal of Section 40 under the new bill marks a significant shift, introducing checks and balances to prevent such abuses and ensure fair governance.

This change is being hailed by BJP supporters as a critical measure to break the monopoly of power within Waqf Boards and safeguard public assets from exploitation.

Promoting accountability through transparency

One of the bill’s cornerstone reforms is the digitisation of waqf property records, creating a centralised database to enhance tracking and auditing capabilities.

This move aligns with modern governance practices, ensuring that assets are managed efficiently and transparently.

The legislation also emphasises financial scrutiny, aiming to ensure that waqf resources directly benefit underserved communities, such as the Pasmanda Muslims, rather than being controlled by dynastic clerics or political intermediaries.

By shifting the focus from power consolidation to community empowerment, the bill addresses long-standing inequities within the system.

Fostering inclusivity in governance

A groundbreaking feature of the Waqf (Amendment) Bill is the inclusion of non-Muslims in State Waqf Boards and the Central Waqf Council, alongside representation for women and marginalised Muslim communities like the Bohras and Aghakhanis.

Critics argue that this undermines the Muslim community’s autonomy, but the BJP counters that it promotes inclusivity and reflects India’s ethos of interfaith cooperation.

By incorporating diverse perspectives, the bill aims to modernise waqf governance, drawing inspiration from global models in countries like Turkey and Qatar, where transparency and diverse representation have improved the management of charitable endowments.

Far from being interference, this reform seeks to create a more equitable framework that addresses historical exclusions and ensures broader community participation.

Safeguarding public and tribal lands

The bill also introduces robust measures to protect government and tribal lands from being misappropriated as waqf property.

Over the years, there have been numerous instances of state land being claimed under the guise of waqf, often for political gain.

By empowering the government to reclaim such properties, the legislation aims to resolve land disputes more equitably and prevent politically motivated encroachments.

Additionally, the bill explicitly safeguards tribal lands, addressing concerns raised by the Parliament’s Joint Committee on the Waqf Bill in January 2025, which called for legislative measures to protect tribal communities from unjust waqf claims.

This provision underscores the government’s commitment to protecting vulnerable groups while ensuring the integrity of public assets.

A modernising reform, not a communal agenda

The government has been unequivocal in its stance: the Waqf (Amendment) Bill is not an anti-Muslim law but a pro-justice, pro-transparency reform.

By introducing technological advancements like digitised record-keeping and aligning India’s waqf governance with international standards, the bill modernises a system long mired in inefficiency and controversy.

The legislation reflects the BJP’s broader vision of “Sabka Saath, Sabka Vikas” (Together with All, Development for All), emphasising equitable governance that transcends community lines.

While protests and criticisms from the opposition persist, the Waqf (Amendment) Bill, 2025, offers a pathway toward a more accountable and inclusive management structure for waqf properties.

In an era where governance must adapt to contemporary challenges, this reform prioritises transparency, inclusivity, and modernisation, benefiting not only the Muslim community but also the wider Indian populace.

As India navigates its evolving socio-political landscape, the bill represents a significant step toward a more just and equitable society, ensuring that waqf properties fulfil their intended purpose of serving the public good.