No government will turn a blind eye to all ills even if it means examining religious freedom of a section. But the Government must work with a purpose of welfare; and it must keep its hands clean. by KUMKUM CHADHA
To term the Waqf amendment Bill as a turmoil would be understating the anguish and anger within the Muslim community.
Not only have they taken to the streets but knocked the doors of the Courts as well.
That apart, there is commotion in some state assemblies with members clashing with each other over the contentious Bill.
In the Jammu Kashmir Assembly for instance, some legislators had to be dragged out amid a brawl even as members from the Treasury and Opposition benches clashed over the Bill.
If one section raised slogans of Goondagardi nahin chalegi, hooliganism won’t work and Jahan balidaan hue Mukherjee woh Kashmir hamara hai, the land where Mukherjee was sacrificed is ours, others chanted Allah-O-Akbar, hail Akbar, “Nara-e-Taqbeer, Allah-O-Akbar”, or Cry of God is the Greatest and “Kala kanoon radh karo”, cancel the black law. If some members tried to snatch the copies of the Bill in the Assembly, in Parliament, Lok Sabha member Asaduddin Owaisi allegedly tore a copy of the Waqf Bill at the end of his speech.
Add to this the ire of Muslim supporters in Orissa wherein Naveen Patnaik’s Biju Janata Dal, or BJD, was under attack for its “flip flop” over the Bill. Having decided to oppose the Bill in Parliament, the BJD voted in favour of the Bill.
In Bihar, Nitish Kumar’s Janata United Dal, is in a disarray with some Muslim leaders resigning from the Party over the new Bill.
Ram Vilas Paswan’s Lok Janshakti Party is also facing criticism over its support to the Bill. The Party Chief, Chirag Paswan is a Union Minister in Prime Minister Narendra Modi’s Cabinet.
Meanwhile, protestors took to the streets in cities of Ahmedabad, Kolkata, Bengaluru and Chennai. Muslim organizations, too, came together demanding the withdrawal of the Bill.
Opposition MPs have moved the Court challenging the constitutional legitimacy of the Bill.
Their take: the new law is “discriminatory, communally motivated and a blatant infringement on the constitutional rights of Muslim citizens”.
On its part, the Government has pitched the Bill, to quote Prime Minister Modi, as “a major milestone for reform and transparency”.
The Waqf (Amendment) Bill 2025 was passed in both Houses of Parliament well after midnight after a heated debate. It received President Droupadi Murmu’s assent by virtue of which it has become a law.
Waqf refers to personal property – moveable or immovable – that is donated by Muslims for religious or charitable purposes. Waqf properties cannot be sold or transferred. In essence they become properties of God.
With its origins in the Arabic word waqufa, it literally means to detain or hold or else tie up.
A Waqf can be established through a deed. A property is deemed as waqf if it has been used for charitable purposes over a long period of time: or the waqf by user clause which, under the new law, has been removed causing a hue and cry.
In India, several properties fall under Waqf, which include mosques, Eidgahs, dargahs, khanqahs, imambaras and qabristans (graveyards), among others.
Waqf properties are donated by Muslims for charity and are managed by members of the community.
Each state has a Waqf Board, which is a legal entity that can acquire, hold, and transfer property.
Waqf properties cannot be sold or leased permanently.
As of now, Waqf currently controls 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of Rs 1.2 lakh crores, according to the government data.
India has the largest waqf holding in the world. Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.
There is mismanagement and large-scale encroachments of land in the name of Waqf; the doctrine of once a waqf always a waqf leads to claims which are irrevocable.
For instance, claims have been made over islands in Bet Dwarka amongst others which pose a judicial challenge. The absence of surveys, poor management and large-scale corruption are other issues that cropped up.
The new legislation, as per the Government’s version, is aimed at enhancing and ensuring an effective management of Waqf assets across India. That apart, the new law aims at improving the registration process and increases the role of technology in management of records. It also makes it mandatory to have women on Waqf Boards.
So, what is the hue and cry about?
As for specific clauses, there is angst about doing away with the waqf by user clause; about including non-Muslims on the Board, allowing only those who are practicing Muslims for a minimum of five years to give property under Waqf and so on and so forth.
The big picture is that this law is being seen as “anti-Muslim” and the government’s bid to “snatch away” to quote the Muslim leadership, the autonomy of the Muslims.
Knocking off the waqf by user clause for instance is being interpreted as a bid to take away waqf property in the absence of documentation.
Till the new law took effect, a property was treated as waqf if used for religious or charitable purposes for a long time – even without formal documentation.
On another count, a senior state government official having the final say in deciding whether a property belongs to the government or Waqf is being seen as a bid to take away Waqf land.
The argument: a government officer will, in the case of disputed cases, will never rule against the government.
“Waqf Barbaad Bill”, is how AIMIM Member of Parliament Asaduddin Owaisi decried the Bill alleging government control and a bid to curb the religious freedom of Muslims.
Congress MP and leader of the Opposition, Mallikarjun Kharge, saw this as “unconstitutional and divisive agenda” of the Government. Party leader Gaurav Gogoi went as far as saying that this bill will “disenfranchise minorities”.
Nitty gritty apart, the main issue is the trust-deficit between the Muslims and the ruling elite. Any move of the Government, even if aimed at transparency or good governance, is viewed with suspicion by the Muslims. The underlying feeling: they are out to get us.
There is some basis to this fear, given the past actions of the BJP governments, particularly in the states.
Take the “bulldozer justice” in the state of Uttar Pradesh wherein houses of Muslims have been razed to the ground. In fact, in the Prayagraj case, when activist Javed Mohammed’s house was torn down, the apex Court came down heavily on the state Government.
While the authorities alleged that the house was built illegally, critics said that he was being punished for being a critic of the Government.
Irrespective, there is a chasm between the Government and the minorities, and the Waqf law is yet another step in that direction.
Having said that, it cannot be denied that there is mismanagement in Waqf Boards, large scale encroachment of land, misuse of funds and legal disputes, which call for regulation and scrutiny and perhaps Government control too.
No government, BJP or any other, unless its agenda is to appease the minorities, will turn a blind eye to all ills even if it means having a relook at the alleged autonomy and religious freedom of a section.
Having said that the Government must work with a purpose of welfare rather than an anti Muslim agenda; it must keep its hands clean because to quote William Shakespeare “Ceaser’s wife must be above suspicion”.
