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Energy
The Waqf (Amendment) Bill, 2025 has been a subject of significant interest and debate in India, particularly following its passage by Parliament. This legislation seeks to overhaul the existing Waqf Act, 1995, and the outdated Mussalman Wakf Act, 1923, which has been deemed ineffective for modern India. The bill aims to address several deficiencies in the management of Waqf properties, enhance transparency, and promote inclusivity within Muslim communities. In this article, we will delve into the key features of the Waqf (Amendment) Bill, 2025, compare it with the Waqf Act, 1995, and explore the implications of these changes.
The Waqf (Amendment) Bill, 2025 introduces several crucial changes to the management of Waqf properties:
| Feature | Waqf Act, 1995 | Waqf (Amendment) Bill, 2025 | |-----------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------| | Name of the Act | Waqf Act, 1995 | Renamed as United Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED Act 1995) | | Formation of Waqf | Waqf could be formed by declaration, user, or endowment (waqf-alal-aulad) | Retains existing mechanisms with a focus on clearer definitions and management structures | | Government Property | No clear provision for government properties identified as Waqf. | Government properties identified as Waqf will cease to be Waqf; disputes resolved by the Collector | | Power to Determine Waqf Property | Waqf Board had the power to inquire and determine waqf property. | Retains existing powers with enhanced guidelines for determination and dispute resolution | | Gender Representation | No specific provisions for gender representation. | Mandates at least two Muslim women on the Central Waqf Council and State Waqf Boards | | Sectarian Inclusivity | No explicit provisions for sectarian inclusivity. | Requires representation from various Muslim sects on State Waqf Boards for inclusive decision-making |
The Waqf (Amendment) Bill, 2025 offers several benefits, both for the management of Waqf properties and for Muslim communities in India:
Despite its ambitions, the Waqf (Amendment) Bill, 2025 has faced criticism. Some critics argue that the bill may infringe upon the rights of certain stakeholders or that its provisions could be overly restrictive. For example, CPI general secretary D Raja has questioned the validity of the act[3]. However, proponents argue that these changes are necessary to address long-standing issues in Waqf property management and to bring about greater transparency and inclusivity.
As the Waqf (Amendment) Bill, 2025 comes into effect, its success will depend on effective implementation and continued oversight to ensure that the intended benefits are realized. This includes ensuring that the new measures truly enhance Waqf governance, promote inclusivity, and safeguard the rights of all stakeholders involved.
In conclusion, the Waqf (Amendment) Bill, 2025 represents a significant step towards reforming the management of Waqf properties in India. By addressing historical deficiencies and promoting transparency and inclusivity, it offers potential for improved governance and social welfare benefits within Muslim communities. As India continues to evolve its legal framework to meet modern challenges, the implementation and impact of this bill will be closely watched by both legal experts and community leaders.
