Context: SC indicates mandatory registration of Waqfs began in 1923, not in 2025

Source: The Hindu

The Supreme Court said a requirement to mandatorily requirements to mandatorily registers Waqfs dated back to 1923, and this did not start with the Waqf (Amendment) acct of 2025.

The Centre has argued that registration had been made mandatory with the pre-Independence Mussalman Wakf act of 1923. Post-Independence, the 1954 Waqf act had retained the provision for mandatory registration of Waqfs. The Waqf Enquiry Committee had noted the ‘persistent issue’ of unregistered Waqfs and recommended stricter measures. Even the Waqf act of 1995 had reiterated the mandatory registration policy, including for Waqf by user.

Section 4 had empowered State governments to conduct a comprehensive survey of Waqf properties to identify unregistered ones. The petitioners have argued that the 2025 act will deprive unregistered Waqfs of their status, including centuries-old waqfs by user such as mosques and burial grounds.

Charity is one of the five pillars of Islam. Waqfs are essential, integral and rooted in Islam. Waqf is an institution close to the heart of the Muslim community. It is interwoven with the entire religious and social life of Muslim.

The State cannot take away a minority community’s administrative power over their own religious endowments. Article 26 (d) of the Constitution grants every religious denomination the right to administer its property.

Model Question:

The Waqf (Amendment) Act, 2025 introduces significant changes to the governance of waqf properties in India. Critically examine the key provisions of the Act and discuss the concerns raised regarding its implications on religious freedom and minority rights.

Model Answer:

The Waqf (Amendment) Act, 2025, also known as the UMEED Act (Unified Management Empowerment Efficiency and Development), seeks to reform the administration of waqf properties in India. While the Act aims to enhance transparency and efficiency, it has sparked debates concerning religious freedoms and minority rights.

Key Provisions of the Act

1. Inclusion of Non-Muslim Members in Waqf Boards: The Act mandates the inclusion of non-Muslim representatives in Central and State Waqf Boards to promote inclusivity and diverse perspectives in waqf administration.
2. Abolition of ‘Waqf by User’: The concept of ‘waqf by user’, which allowed properties to be declared as waqf based on long-term religious use, has been removed. However, waqf-by-user properties registered before the Act’s enactment will retain their status, except for those involved in disputes with the government.
3. Eligibility Criteria for Waqf Dedication: Only practicing Muslims for at least five years are permitted to dedicate property as waqf, reinstating pre-2013 regulations.
4. Protection of Inheritance Rights: The Act ensures that women and children receive their rightful inheritance before any property is declared as waqf, with special safeguards for widows, divorced women, and orphans.
5. Application of Limitation Act, 1963: To minimize prolonged legal disputes, the Act introduces the applicability of the Limitation Act, 1963, to waqf properties from the date the amendment comes into effect.
6. Protection of Tribal Lands: The Act explicitly prohibits the establishment of waqf on lands falling under the purview of Schedules V and VI of the Constitution to safeguard the rights of tribal communities.
7. Composition of Waqf Tribunal: While the initial draft proposed reducing the Waqf Tribunal to two members, the revised Act retains a three-member composition based on the recommendation of the Joint Parliamentary Committee.

Concerns and Criticisms

1. Religious Autonomy: Critics argue that the inclusion of non-Muslim members in Waqf Boards may infringe upon the religious autonomy of the Muslim community in managing their endowments.
2. Removal of ‘Waqf by User’: The abolition of ‘waqf by user’ could lead to the de-recognition of several properties historically used for religious purposes, potentially affecting community sentiments.
3. Eligibility Criteria: The requirement for individuals to be practicing Muslims for at least five years to dedicate property as waqf may be seen as restrictive and could exclude genuine contributors.
4. Government Overreach: The Act’s provisions allowing senior government officers to settle disputes over whether a property is waqf or government land, replacing the Waqf Tribunal’s exclusive authority, have raised concerns about potential government overreach and the undermining of judicial processes.

The Waqf (Amendment) Act, 2025, endeavors to modernize waqf property management through enhanced transparency and inclusivity. However, it is imperative to address the concerns related to religious autonomy and minority rights. A balanced approach, incorporating stakeholder consultations and safeguarding constitutional provisions, is essential to ensure that the reforms achieve their intended objectives without infringing upon fundamental rights.