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In a significant move towards enhancing socio-economic justice and promoting transparency in the management of Waqf properties in India, the Waqf Amendment Bill, 2025 was recently passed by both houses of Parliament. This legislation has been hailed by Prime Minister Narendra Modi as a "watershed moment," marking a substantial shift towards better governance and inclusivity within the Waqf framework. The Bill aims to modernize the existing Waqf Act, 1995, by introducing critical reforms that address long-standing issues such as mismanagement and lack of transparency.
The concept of Waqf is deeply rooted in Islamic tradition, where it refers to a charitable endowment that cannot be sold, gifted, or inherited once it is dedicated for religious or public welfare purposes. Historically, Waqfs have played a crucial role in supporting social welfare initiatives, including the establishment of educational institutions, healthcare facilities, and mosques. However, the management of these endowments has often been marred by inefficiencies and disputes over property rights.
The Waqf Amendment Bill, 2025 brings about several key changes to enhance the efficiency and transparency of Waqf administration:
Renaming and Streamlining: The Act is renamed as the United Waqf Management, Empowerment, Efficiency, and Development Act, 1995 (UWMEED Act, 1995), emphasizing a unified approach to Waqf management.
Elimination of "Waqf by User": The Bill removes the provision allowing Waqf to be established by long-term use, ensuring clarity and legal certainty in Waqf declarations.
Increased Representation: It mandates the inclusion of at least two Muslim women on the Central Waqf Council and State Waqf Boards, ensuring gender equality and representation from diverse Muslim sects.
Accountability and Auditing: The Central Government is empowered to create rules for Waqf registration, accounting, and auditing, enhancing transparency and accountability.
Dispute Resolution: An appeal process allows decisions by Waqf tribunals to be challenged in the High Court within 90 days, providing a fair and swift legal recourse.
The Bill places significant emphasis on gender equality and inclusivity:
Mandatory Female Representation: Ensuring at least two Muslim women on the Central Waqf Council and State Waqf Boards promotes gender balance and encourages women's participation in decision-making processes.
Sectarian Inclusivity: The Bill requires representation from various Muslim sects, including Shia, Sunni, Bohra, Agakhani, and others, fostering unity and diversity within the Waqf governance structure.
Empowerment of Minority Communities: By empowering Muslim women and ensuring diverse representation, the Bill aims to address longstanding inequalities within Waqf management.
Historically, Waqf administration faced challenges such as:
Mismanagement and Lack of Transparency: The Bill addresses these issues by introducing a centralized database for Waqf properties, streamlining registration processes, and enhancing auditing mechanisms.
Encroachment and Legal Disputes: By clarifying Waqf property rights and ensuring that government properties are not misappropriated as Waqf, the legislation aims to reduce disputes.
The Waqf Amendment Bill promotes a digital transformation by:
Centralized Portal: Creating a centralized database and portal for Waqf registration and management improves transparency and accountability.
Auditing and Accounting: Empowering the Central Government to establish rules for auditing and accounting ensures that Waqf resources are utilized effectively for public welfare.
The Bill is expected to enhance the socio-economic impact of Waqfs by:
Promoting Public Welfare: With improved management and transparency, Waqf resources can be more effectively directed towards charitable and social welfare initiatives.
Empowering Minority Communities: By ensuring better governance and representation, the Bill empowers minority communities to manage their endowments more efficiently.
The legislation tackles issues of property misappropriation, ensuring that Waqf properties are utilized for their intended purposes and not diverted for personal or unauthorized use.
The passage of the Waqf Amendment Bill marks a significant step forward in modernizing Waqf administration in India. By introducing measures to enhance transparency, accountability, and inclusivity, the Bill addresses long-standing challenges and paves the way for more effective utilization of Waqf resources in promoting social welfare and economic justice. As Prime Minister Modi has highlighted, this legislation represents a "watershed moment" in socio-economic reforms, setting a progressive framework for Waqf management that aligns with the principles of equity and good governance.
In the future, implementing these reforms effectively will be crucial to realizing the full potential of the Waqf system. This includes:
Implementation Strategy: Developing a comprehensive implementation plan to ensure that the new provisions are effectively integrated into existing Waqf management structures.
Community Engagement: Encouraging active participation from Muslim communities and other stakeholders to ensure that the reforms meet their needs and expectations.
Monitoring Progress: Regularly monitoring the impact of the reforms and making adjustments as necessary to address emerging challenges or opportunities.
By taking these steps, India can harness the potential of Waqfs to contribute meaningfully to societal development and economic justice, reflecting Prime Minister Modi's vision for a more inclusive and equitable society.
