The Indian parliament has handed a invoice introducing sweeping modifications to legal guidelines governing Islamic charitable belongings, triggering sharp opposition and accusations of state overreach.
The Narendra Modi administration says the reforms to the system of Waqf properties – non secular and charitable belongings ruled below Islamic legislation – will handle bureaucratic gaps, make clear possession disputes, enhance transparency and cut back encroachments on public land. Critics, nevertheless, say it’s a thinly-veiled try and seize Muslim-controlled properties, weaken the autonomy of the nation’s 200 million-strong Muslim minority and improve state oversight of non secular belongings.
Waqf refers to property donated for non secular or charitable functions below Islamic legislation. As soon as declared Waqf, possession is transferred from a person to Allah, and the asset turns into inalienable, managed by a trustee for the advantage of the neighborhood.
The Waqf (Modification) Invoice 2024 was handed on Thursday after a 12-hour debate within the decrease home with 288 votes in favour and 232 towards, and later sailed via the higher home with 128 ayes and 95 nays.
Modi known as its passage a “watershed second in our collective quest for socio-economic justice, transparency and inclusive progress”.
The observe of Waqf has its roots in Islamic traditions and was formalised throughout British rule through the Non secular Endowments Act of 1863, which allowed non secular communities to handle their properties. The present framework stems from the Waqf Act of 1995, which established central and state Waqf Boards to control and defend these belongings, together with mosques, madrasas, graveyards, hospitals, and colleges. Many such properties are centuries outdated and of cultural and historic significance.
“It will significantly assist those that have lengthy remained on the margins,” Modi posted on X (previously Twitter).
However opposition leaders slammed the invoice as an assault on democratic values and non secular freedoms.
One of the vital contentious modifications is the removing of the “Waqf by person” clause. This provision at the moment permits properties to be deemed Waqf primarily based on their long-standing non secular use, even within the absence of formal documentation – a vital safeguard for older properties predating trendy data.
“Waqf by person means a property turns into Waqf via long-term possession and use,” defined opposition MP Asaduddin Owaisi. “Properties from centuries in the past have been hardly ever documented, but they’ve served non secular functions for generations.”
The present act permits Waqf creation via three routes: formal declaration, endowment after the tip of a succession line, or by recognition of non secular use over time. The brand new invoice restricts this: solely Muslims who’ve practiced for not less than 5 years and personal the property can declare it Waqf. The removing of the “person” provision disqualifies undocumented properties from Waqf standing.
The invoice transfers possession dedication to a state-appointed collector if the land is disputed – eradicating this energy from the Waqf Board itself.
“The federal government says disputed land will now be assumed to be authorities property, and it’ll be the collector’s choice. That’s towards pure justice,” Owaisi tells The Unbiased. “How will you be a decide in your individual case?”
Critics argue the transfer might undermine non secular establishments and dispossess communities. “These properties help numerous colleges, hospitals and welfare tasks serving Muslims,” mentioned Rasheed Ahmed, govt director of the Indian American Muslim Council. “Elevated state management will deprive susceptible populations of important help and strip the neighborhood of its skill to deal with socio-economic inequality.”
“The goal is obvious,” Ahmed continued. “To take management of Waqf establishments and dilute Muslim authority. It undermines non secular autonomy and the very goal of Waqf.”
The federal government argues that the invoice addresses systemic points equivalent to mismanagement, corruption, and encroachments. BJP MP Jagdambika Pal mentioned the invoice adopted intensive consultations with stakeholders, together with Muslim organisations, and described it as “historic” and useful for poor Muslims.
Pal cited longstanding structural flaws in Waqf Boards – equivalent to political appointments, weak monetary oversight and bureaucratic bottlenecks – and known as for skilled administration, judicial oversight, and common audits.
“In contrast to in some Islamic nations the place Waqf is strictly non secular and state-controlled, India’s mannequin contains statutory and judicial oversight,” famous Anas Tanwir, Advocate on Report on the Supreme Court docket and founding father of the Indian Civil Liberties Union. “Waqf Boards have authorized energy to cease encroachments, however enforcement is poor and courts usually must intervene.”
“The problem is putting a steadiness between non secular autonomy and state regulation,” he added, “particularly when secular legal guidelines conflict with the waqf’s perpetual nature.”
Unlawful encroachment of Waqf land is properly documented. However Ahmed mentioned the invoice will increase the danger of presidency acquisition below the guise of public curiosity or improvement. “This transfer displays a harmful sample the place waqf lands could possibly be handed over to personal firms or government-aligned pursuits.”
The All India Muslim Private Regulation Board (AIMPLB), which represents Muslim pursuits on private legislation issues, echoed these considerations.
“The invoice doesn’t enhance the governance of Waqf Boards,” mentioned AIMPLB spokesperson Qasim Rasool Ilyasi. “It’s anti-constitutional, violates basic rights, and suits into the broader communal agenda of the ruling social gathering.”
Modi’s minister for parliamentary and minority affairs, Kiren Rijiju, launched the invoice within the decrease home and renamed it “UMEED” (Unified Administration, Empowerment, Effectivity, and Improvement). He dismissed the priority for minorities voiced by the opposition in parliament.
“Some members say minorities will not be secure in India. That’s utterly false,” he mentioned after the talk. “There is no such thing as a place safer than India for minorities. Minorities from Bangladesh, Pakistan and Afghanistan got here right here after non secular persecution,” he added, referring to Hindus coming to India from these nations. “How will you say minorities are unsafe?”
Rijiju tried to allay fears in parliament, saying: “No land will probably be snatched below the Waqf Invoice.” He accused the opposition of “spreading rumours” and insisted the invoice would profit all.
Ilyas mentioned the federal government bypassed these more than likely to be affected – Muslims themselves – throughout the formation of the brand new legislation. “We weren’t consulted throughout the invoice’s drafting. We despatched 50 million emails with ideas. Nothing was thought of. Modifications proposed by opposition MPs have been all rejected. This isn’t how democracy works.”
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After the BJP’s failure to win an outright majority within the 2024 basic elections, Modi – reliant for the primary time on coalition companions – despatched the Waqf Invoice to a Joint Parliamentary Committee (JPC), a departure from his typical strongman type.
But regardless of important opposition enter, the JPC cleared the invoice with few amendments.
“We gave our illustration to the JPC,” mentioned Ilyas. “However nothing was accepted. The method was fully one-sided.”
Pal, chair of the JPC, denied this. “We known as AIMPLB earlier than the committee and thought of their considerations. Their inputs have been included within the report,” he advised The Print.
One other flashpoint is the proposed inclusion of non-Muslims within the administration of Waqf establishments.
At present, all board members should be Muslim, with not less than two ladies, and embody elected representatives from the Muslim neighborhood in legislatures, native our bodies, and the Bar Council. The brand new invoice permits for the nomination of two non-Muslim members and allows state governments to appoint members, together with non-Muslim MPs, judges, and “eminent individuals.”
“Waqf is a purely Islamic charitable establishment,” mentioned Owaisi. “Now the federal government needs non-Muslims on all 31 state Waqf Boards. Is there any parity right here?”
He identified that non secular boards governing Hindus, Sikhs, and Buddhists – just like the Hindu Non secular Endowments Boards of Tamil Nadu and Telangana, or the Sikh Gurdwara Parbandhak Committee – require members to belong to their respective faiths.
“This transformation disregards that precedent,” Owaisi mentioned. “It’s not about illustration. It’s about management.”
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Rijiju, nevertheless, defends the modification saying: “We signify all folks of our constituency. How can we, then, ask how non-Muslims are being included in it? As a result of that is simply property administration; it’s not about faith.”
One other contentious concern was the modifications to Waqf tribunals which have been established to resolve disputes associated to Waqf properties. Comprising a decide, a senior authorities official, and a Muslim legislation skilled, the choice by the tribunal are legally binding however could be challenged in larger courts. The brand new invoice, nevertheless, reduces the tribunal’s powers and makes the Excessive Court docket the ultimate arbiter on Waqf disputes.
Moreover, the invoice modifications the composition of Waqf tribunals, changing the district decide appointed by the Excessive Court docket Chief Justice with a retired decide of the federal government’s selecting.
“When Chief Justice of the Excessive Court docket appoints a district decide to move the tribunal, he is below the executive management of the Chief Justice of the actual state excessive courtroom,” Owaisi explains. “However, if he could be a retired decide, how will he be below the management of the chief justice of the Excessive Court docket?” he says, as allays doubt in regards to the independence of presidency appointed decide.
It additionally removes the choice to file a overview petition in Excessive Courts, as a substitute forcing litigants to file prolonged appeals.
“That is designed to create an limitless authorized maze that may profit these searching for to take over Waqf properties,” Owaisi warns. “The amendments to Waqf Invoice will result in grabbing of masjids, dargahs, Khankas, graveyards, every little thing.”
Ahmed argues that the invoice is just not an remoted transfer however a part of a broader, systematic effort by the Modi authorities to encroach upon the rights of Muslims. “This invoice suits squarely into the bigger agenda of dismantling the institutional autonomy of non secular minorities and depriving them of their sources and affect.”
The invoice introduces 44 amendments to the present Waqf Act, 1995, however in line with Ilyas, “none of those modifications are geared toward safeguarding Waqf properties, rising their income, or addressing the issue of encroachment.”
The opposition Congress social gathering known as the invoice an “assault on the Indian structure”. In an announcement, Congress MP and spokesperson Jairam Ramesh mentioned the BJP was making an attempt to wreck “centuries-old bonds” of social concord and maintain society in a state of “everlasting polarisation” for electoral good points.
Congress mentioned the invoice was an try and “demonise minority communities” and “dilute constitutional provisions that assure equal rights and protections to all residents, no matter faith”. Akhilesh Yadav, the chief of one other main opposition outfit within the Samajwadi Get together, echoed these considerations, saying: “The BJP needs management over every little thing. This invoice is one more try and intrude in non secular issues.”
Chinks additionally began to look within the BJP’s governing coalition. Just some hours earlier than the voting, Naveen Patkaik’s Biju Janata Dal, which is in alliance with BJP, advised its seven higher home MPs to “conscience vote”, including that they might not be certain by a whip and will vote for whichever aspect they needed.
Regardless of that the invoice sailed via each the homes of parliament late on Thursday, and now solely wants the assent of president Droupadi Murmu to develop into legislation.
