The Waqf (Amendment) Bill, 2024 is designed to usher in much-needed transparency, accountability and fairness in the governance of Waqf properties across India. I am aware of the fears being expressed by the Muslim community, including those regarding the erosion of institutional autonomy, potential encroachment on Waqf property rights, the dilution of Waqf Board authority and the perceived risk of excessive bureaucratic control. These sentiments deserve to be acknowledged with seriousness and sensitivity.
At the same time, it is important to recognise that several Opposition parties have sought to exploit these concerns through misinformation, fear-mongering and divisive rhetoric. While genuine concerns must be addressed thoughtfully, it is equally necessary to counter false narratives that mislead the public and derail important reforms.
The unchecked functioning of the Waqf Boards has, in the past, led to arbitrary land claims, causing anguish not only to members of other communities but to Muslims as well. It is this opaque system that the current legislation seeks to reform.
With Parliament passing the Bill, long-standing imbalances can be corrected and justice in matters related to land and property can be restored. Unlike previous administrations that shied away from addressing this sensitive issue due to political expediency, the government led by Prime Minister Narendra Modi has taken a courageous and necessary decision in the public interest.
The Bill is not, as is being made out, against the Muslim community. Rather it ensures that Waqf properties are managed lawfully, while preventing wrongful acquisitions. For years, the Waqf Board had the power to declare lands as Waqf properties without any legal scrutiny. Consequently, it led to instances where people lost homes, businesses, and even places of worship overnight. The infamous case in Tamil Nadu, where a 1500-year-old Hindu temple and an entire village were declared Waqf property, stands as a shocking example of this misuse. Such arbitrary claims created fear among non-Muslims and even some sections of the Muslim community.
{{/usCountry}}The Bill is not, as is being made out, against the Muslim community. Rather it ensures that Waqf properties are managed lawfully, while preventing wrongful acquisitions. For years, the Waqf Board had the power to declare lands as Waqf properties without any legal scrutiny. Consequently, it led to instances where people lost homes, businesses, and even places of worship overnight. The infamous case in Tamil Nadu, where a 1500-year-old Hindu temple and an entire village were declared Waqf property, stands as a shocking example of this misuse. Such arbitrary claims created fear among non-Muslims and even some sections of the Muslim community.
{{/usCountry}}Unlike Hindu and Sikh religious trusts, which operate under government supervision, Waqf properties had no external checks, allowing corruption and mismanagement to thrive. The new amendment rectifies this and ensures that every property claim follows a legal and just process. One of the most critical reforms in the Bill is the removal of the “Waqf by user” provision, which previously allowed any land used by the Muslim community for a certain period to be declared as Waqf property, even without legal documentation.
This loophole led to numerous cases where private properties, government lands, and even temples were taken over. With this provision eliminated, Waqf claims will now require concrete proof, just like any other legal claim. Over the years, there have been thousands of disputed cases where non-Muslims lost their properties due to the exploitation of this provision, leading to serious communal tensions. With this loophole closed, the long-standing belief that “once a Waqf, always a Waqf” has finally been laid to rest. Another significant change is placing the authority over Waqf surveys in the hands of district collectors instead of Waqf-appointed survey commissioners.
This ensures property records are aligned with state revenue laws and prevents wrongful land acquisitions. The Bill explicitly states that any government land mistakenly recorded as Waqf will be restored to the government, safeguarding public resources from unwarranted claims. If a dispute arises, the final decision will rest with the district collector, removing unilateral decision-making powers from Waqf Boards. A major step toward inclusivity is the introduction of non-Muslim members in Waqf governance. The Central Waqf Council will now include two non-Muslim representatives, while state Waqf Boards will have at least two non-Muslim members. Moreover, representation from different Muslim sects such as Sunnis, Shias, Bohras, and Agakhanis, will be ensured, breaking the monopoly of any single group over Waqf management.
This change promotes balanced decision-making. To curb corruption, independent audits will be conducted by the Comptroller and Auditor General (CAG) or designated officials. Previously, Waqf properties were managed without any government audits, leading to financial mismanagement and the misuse of funds. With these audits in place, the process will become transparent and accountable, much like other charitable and religious trusts.
Additionally, the amendment shifts legal oversight of Waqf disputes from Waqf tribunals to district courts, ensuring fair and unbiased adjudication. Any appeals can now be made directly to the High Court within 90 days, providing a faster and more transparent legal remedy. One of the most transformative aspects of the Bill lies in two crucial provisions that deserve far greater attention. First, the Bill ensures complete protection of tribal lands by explicitly prohibiting the declaration of any tribal land as Waqf property.
Such encroachments have threatened the rights and livelihood of indigenous communities in states such as Jharkhand. For the first time, their ancestral land is shielded by law from arbitrary Waqf claims.
Second, the Bill protects India’s rich historical legacy by prohibiting the declaration of any Archaeological Society of India (ASI) protected monument or any other archaeological site as Waqf property. Moreover, it revokes the Waqf status of all such sites wrongly claimed in the past, including monuments such as Delhi’s Purana Qila, Qutub Minar, Safdarjung’s Tomb, Humayun’s Tomb, Tipu Sultan’s tomb in Karnataka, the grave of Aurangzeb’s wife, and Gulbarga Fort — nearly 200 in total across the country.
The Bill is prospective in effect and won’t have any bearing on past Waqf declarations or disputes, affirming the government’s commitment to preserving national heritage and preventing any misuse to distort or appropriate historical sites.
The message is clear: India’s monuments belong to every Indian, not to any one group or institution. This Bill addresses the long-standing concerns of Hindus, Sikhs, Jains, and even some Muslim sects who have suffered due to unfair Waqf claims.
Even within the Muslim community, reformists have long demanded transparency in Waqf management. The inclusion of diverse Muslim sects and mandatory audits ensure that funds meant for community welfare are not misused.
This Bill is not about targeting any religious group; rather, it establishes a fair system where Waqf governance aligns with the same principles applied to other religious trusts. Indeed, it is a step toward rectifying past injustices and ensuring that Waqf properties are managed transparently and lawfully.
Syed Zafar Islam is a national spokesperson of the Bharatiya Janata Party (BJP) and a former member, Rajya Sabha. The views expressed are personal