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Opinion | Waqf Law Overhaul: Balancing Faith, Governance And Justice

11 1
08.04.2025

A significant debate is brewing across India following the recent passage of the ‘Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, 2025’ in the Lok Sabha. This legislation aims to overhaul the existing Waqf Act, 1995, a law that, along with its amendments, has been a subject of considerable discussion and, at times, controversy.

Understanding the historical trajectory of Waqf laws in India and the specific concerns surrounding the previous legislation is crucial to grasping the potential impact of this new bill.

The story of codified Waqf laws in India began in 1923 with the Mussalman Waqf Act. This initial step towards regulating religious endowments was followed by the more comprehensive Waqf Act, 1954, enacted in the early years of independent India. However, it was the subsequent amendments, particularly in 1995 and 2013, that significantly shaped the current landscape and fuelled the demand for the reforms proposed in the 2025 bill.

The Waqf Act, 1995, enacted by then Prime Minister P V Narasimha Rao-led Congress Government, marked a turning point by granting quasi-judicial powers to the State Waqf Boards. This empowerment aimed to streamline the process of identifying and managing Waqf properties, reducing the need for protracted civil court battles. Apparently, it seemed like an act of balancing the damage done to the Congress party’s vote bank by the demolition of the Babri Masjid, built over the Ram Janmabhoomi Andolan led by the BJP. However, this very provision became a lightning rod for criticism. Concerns arose that the broad powers vested in the Waqf Boards, in determining whether a property constituted a Waqf, lacked sufficient checks and balances and could be prone to misuse.

These concerns were further amplified by the Waqf (Amendment) Act, 2013, brought in by Sonia Gandhi through the PM Manmohan Singh-led Congress Government. This........

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