Indian parliament passes disputed waqf bill amid protests
New law is expected to be challenged in the country’s top court
THE WORLDVIEW
April 3, 2025
IN what is being described as the most significant setback to Indian Muslims’ interests since the demolition of the historic Babri Masjid, India’s parliament has amended laws governing their land endowments, despite strong opposition from Muslim organisations and rival political parties.
The amended legislation mandates the inclusion of non-Muslims in boards overseeing waqf properties and grants the government greater authority in verifying land ownership. While the government insists the changes aim to enhance transparency and tackle corruption, critics argue they threaten minority rights and may pave the way for the seizure of historic mosques and other waqf assets.
The bill provoked heated debate in both the houses of parliament. The Lok Sabha (Lower House) deliberated from Wednesday into early Thursday, while discussions in the Rajya Sabha extended over 16 hours into Friday morning.
The opposition, led by the Indian National Congress, vehemently opposed the bill, calling it unconstitutional and discriminatory against Muslims. Although Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) lacks a majority in the Lower House, its allies ensured the bill’s passage. It was approved with 288 votes in favour and 232 against in the Lok Sabha, and with 128 votes for and 95 against in the Rajya Sabha. The bill now awaits President Droupadi Murmu’s assent to become law.
Key amendments to waqf law
Introduced by Minister for Minority Affairs Kiren Rijiju, the bill amends a 1995 law that governs waqf administration and the state-level boards that manage endowments. Muslim organisations and opposition leaders contend that the amendments are politically motivated, aiming to erode minority rights. Although the bill was initially introduced last year, opposition members say their proposed revisions were ignored. The government, in turn, accuses opponents of spreading misinformation and obstructing efforts to bring transparency to waqf governance.
A waqf is a traditional Islamic charitable endowment in which property — often real estate — is permanently dedicated to religious or charitable purposes. Once created, such properties cannot be sold or transferred. India’s waqf network comprises approximately 872,000 properties covering over 405,000 hectares (one million acres), collectively valued at an estimated $14.22 billion. Many of these properties — some centuries old — serve as mosques, seminaries, graveyards, and orphanages.
Currently, waqf properties are overseen by state and national boards composed exclusively of Muslims, similar to the governance structures of other religious charitable trusts. The amended law requires the inclusion of non-Muslims in these bodies.
During parliamentary discussions, Home Minister Amit Shah clarified that non-Muslim board members would be limited to administrative functions, focusing on legal and financial compliance. He assured that their responsibilities would not extend to religious affairs.
Nevertheless, organisations such as the All India Muslim Personal Law Board maintain that involving non-Muslims in waqf governance contravenes Islamic principles. The board condemned the bill as a “direct violation of Muslim citizens’ constitutional rights” and urged public protests against it.
Congress President Mallikarjun Kharge questioned why waqf boards must include non-Muslim members when Hindu temple trusts do not permit non-Hindus in their governing bodies.
Controversy over property ownership rules
One of the most contentious elements of the amendment concerns land ownership verification. Critics warn it could endanger historic mosques, shrines, and graveyards — particularly those without modern documentation due to their antiquity. Hindu nationalist groups have long alleged that several mosques were built atop former Hindu temples, fuelling numerous legal disputes. Under the new law, waqf boards will be required to secure approval from district officials to validate property ownership, a provision critics say could weaken board authority and jeopardise Muslim land rights. It remains unclear how frequently such claims would be re-evaluated.
Congress leader Rahul Gandhi denounced the bill as an instrument for “marginalising Muslims” and curtailing their property rights. He warned that it could establish a troubling precedent for undermining other communities in future.
While some within the Muslim community acknowledge persistent issues of corruption and mismanagement within waqf institutions, many are alarmed that the new law provides the government with sweeping control over Muslim assets. These fears are compounded by a surge in anti-Muslim rhetoric and violence under Modi’s administration, with minorities increasingly targeted over cultural and religious practices.
Legal challenge ahead
At least two Indian states — Karnataka and Tamil Nadu — have passed resolutions urging the central government not to proceed with the amendments. Tamil Nadu Chief Minister M.K. Stalin, who wore a black badge in protest during Friday’s state assembly session, condemned the bill’s passage at 2am as a move driven by “a handful of allies” and “an assault on the Constitution’s structure”.
Addressing the assembly, Stalin said: “This is an act that disturbs religious harmony. To highlight this, we are participating in today’s proceedings wearing black badges.”
“I would like to inform you that a case will be filed in the Supreme Court by the Dravida Munnetra Kazhagam against this controversial amendment. Tamil Nadu will fight the Union government’s law that undermines the autonomy of the Waqf Board and threatens the Muslim minority,” he declared, amid desk-thumping by members of the Treasury benches.
The Congress party has also vowed to challenge the constitutionality of the new waqf legislation in the Supreme Court. “We are confident and will continue to resist all assaults by the Modi government on the principles and provisions enshrined in the Constitution of India,” said Congress MP Jairam Ramesh on social media.