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Real Estate
The Indian Parliament recently passed the Waqf (Amendment) Bill, 2025, a legislation aimed at reforming the management of Muslim endowment properties, often referred to as Waqf properties. The bill, which was approved by both the Lok Sabha and Rajya Sabha after extensive debates, seeks to enhance transparency and governance in the administration of these properties. However, the legislation has been surrounded by controversy, with critics arguing that it undermines the autonomy of Waqf institutions and minority rights. This article delves into the key aspects of the Waqf Bill debate and explores why Minority Affairs Minister Kiren Rijiju highlighted the UPA government's decision to denotify 123 Delhi properties during the discussions.
Waqf properties are religious endowments governed by Muslim law for the benefit of society. Historically, these properties have been managed by local Waqf Boards, which are responsible for their administration and maintenance. However, over the years, concerns have been raised about the mismanagement and encroachment of these properties, leading to demands for more effective governance and oversight.
The Waqf (Amendment) Bill introduces several key changes aimed at enhancing the transparency and efficiency of Waqf property management:
Inclusivity of Non-Muslim Members: One of the contentious provisions includes the inclusion of non-Muslim members on Waqf Boards. Supporters argue that this promotes diversity and inclusivity, while critics view it as an interference with the autonomy of Muslim institutions[1][2].
Centralized Portal and Audits: The bill mandates that all Waqf institutions with an annual income exceeding ₹1 lakh must register on a centralized portal. Additionally, these institutions will undergo audits by state-sponsored auditors, enhancing transparency and accountability[2].
Protection of Minority Women: The legislation includes special provisions to safeguard the rights of Muslim women, particularly widows and divorced women, through inheritance and other means[1].
The debate over the Waqf Bill was marked by heated discussions in both the Lok Sabha and Rajya Sabha. Minority Affairs Minister Kiren Rijiju defended the bill, emphasizing its potential to benefit poor Muslims and enhance Waqf governance. He noted that the bill was crafted after extensive consultations with stakeholders and incorporated suggestions from a Joint Parliamentary Committee[1].
One of the significant points raised during the debate was the UPA government's decision to denotify Waqf properties in Delhi. Minister Rijiju used this example to highlight past mismanagement and state interference, positioning the current legislation as a necessary step towards ensuring better oversight and protection of these properties.
The opposition to the bill primarily focuses on concerns about state interference in religious matters and fears that the inclusion of non-Muslim members could erode the autonomy of Muslim endowments. Leaders from various opposition parties, including the Congress and regional parties, voiced their dissatisfaction with the legislation, questioning its constitutional validity[1][3].
Bahujan Samaj Party (BSP) chief Mayawati criticized the bill, suggesting that it does not serve the interests of Muslim minorities and instead suggested that it suspends its implementation[3]. She also questioned Rahul Gandhi's silence on the issue during the parliamentary debates.
The Waqf (Amendment) Bill has significant legal and social implications:
Now that the bill has received presidential assent, it is crucial for stakeholders to engage in constructive dialogue to ensure its effective implementation. The government must address concerns raised by minority groups and ensure that the reforms bring about genuine improvements in Waqf property management without infringing on legal and religious rights.
The passage of the Waqf (Amendment) Bill, 2025, reflects a complex interplay of political, religious, and social dynamics in India. While supporters see it as a step towards improved governance and transparency, critics view it as an infringement on minority rights. As India navigates these reforms, it remains essential to balance the needs of various stakeholders and ensure that changes to Waqf property management enhance the welfare of the communities they serve.
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