Contentious Waqf Bill tabled in LS; Rijiju says it deals with properties, not religion

NEW DELHI: Union Minority Affairs Minister Kiren Rijiju on Wednesday tabled the Waqf (Amendment) Bill, 2025, in the Lok Sabha, which seeks to improve the functioning of Waqf properties, address complexities, ensure transparency and introduce technology-driven management.

Tabling the Bill, which was examined and redrafted by a Joint Parliamentary Committee (JPC), Rijiju said the legislation has nothing to do with religion, but deals only with properties.

"The government is not going to interfere in any religious institution. The changes made in the Waqf law by the UPA government gave it overriding effect over other statutes, hence the new amendments were required," Rijiju said amid noisy opposition protest, adding, "You (opposition) tried to mislead the people on issues which are not part of the Waqf Bill."

Rijiju also claimed the consultation process of the JPC was the largest ever exercise carried out by a parliamentary panel in India's democratic history.

The minister said more than 97.27 lakh petitions and memorandums were received by the JPC through physical and online formats and the JPC had gone through each of them before finalising its report.

As many as 284 delegations submitted their views on the Bill besides the Waqf boards of 25 states and Union Territories, he said.

Legal luminaries, charitable organisations, academicians and religious leaders, among others, also submitted their opinions, Rijiju added.

"Waqf is controlling the third largest pool of properties in the country after railways and defence. The railways and defence properties belong to the nation, but Waqf properties are private in nature. It is unfair to compare them with the land banks of railways and armed forces," he said.

The minister further alleged that ordinary Muslims were misled for vote-bank politics for 70 years as no benefits were received by them from such a large pool of land bank.

"Why the Waqf properties are not used for the benefit and welfare of the ordinary, poor and downtrodden Muslims? These properties will have to be used for the welfare of the common Muslims," Rijiju said.

As of 2004, a total of 4.9 lakh properties were held by the Waqf and their income was just Rs 163 crore, he said.

After the 2013 amendment, the minister said, the income has gone up by just Rs 3 crore to Rs 166 crore.

"We can't accept such meagre income from such a huge bank of properties. The income should have been at least Rs 12,000 crore. Waqf property has to be used for poor Muslims, and the Waqf Bill is needed to achieve this purpose," he said.

Stating that the law will be prospective, not restrospective, and will not snatch away anyone's property, Rijiju said that when the Citizenship (Amendment) Act was enacted in 2019, the opposition claimed the rights of the Muslims will be taken away, and their citizenship rights will be snatched.

"Tell me now, citizenship rights of how many Muslims were taken away ever since the CAA came into force? Not even one. You should apologise for misleading the people on the CAA. The country will remember for ages who is supporting and who is opposing the Waqf Bill," he said.

The minister also said the Waqf Bill will be renamed as Unified Waqf Management Empowerment, Efficiency and Development (UMEED) Bill.

As of now, the number of total Waqf properties is around 8.72 lakh and had they been managed efficiently, fortunes of not only the Muslims, but the whole country would have changed, Rijiju said.

"You will see the transformational impact just within a year. A new dawn will come. That is why the common Muslims are whole-heartedly supporting the Bill," he said.

Referring to the power to be vested in the state governments, Rijiju said the Waqf boards will be appointed by the states.

"The state governments will have full authority as land is a state subject. The boards will be fully under the state governments, and the Central government will have no control over them," the minister said.

He also said a special provision has been incorporated in the Bill that no properties in the tribal areas could be declared as Waqf property.

The minister went on to describe as "most draconian" Section 40 of the original Act, which empowers the Waqf Board to investigate and decide whether a property is a Waqf property.

Rijiju said there were many instances of the "misuse" of the earlier law, citing the examples of a gurdwara in Haryana which was declared as Waqf, and properties of 600 families in Kerala which were also declared the same.

"That is why many organisations, including Christian groups, have sought the act's immediate implementation," he said.

The Limitation Act, 1963, will now apply to Waqf property claims, reducing prolonged litigation, he said.

Rijiju also introduced another Bill -- The Mussalman Waqf (Repeal) Bill, 2024 -- for consideration and passage in the House.

According to the Waqf (Amendment) Bill, Waqf tribunals will be strengthened, a structured selection process will be maintained, and a tenure will be fixed to ensure efficient dispute resolution.

As per the Bill, while Waqf institutions' mandatory contribution to Waqf Boards reduced from 7 per cent to 5 per cent, Waqf institutions earning over Rs 1 lakh will undergo audits by state-sponsored auditors.

A centralised portal will automate Waqf property management, improving efficiency and transparency.

The Bill also proposes that practising Muslims (for at least five years) can dedicate their property to Waqf, restoring pre-2013 rules.

Also, women must receive their inheritance before Waqf declaration, with special provisions for widows, divorced women and orphans.

The Bill also proposes that an officer above the rank of collector will investigate government properties claimed as Waqf.

In case of disputes, the senior government official will have the final say on whether a property belongs to Waqf or the government.

This replaces the existing system where such decisions are made by Waqf tribunals.

The Bill also proposes that non-Muslim members will be included in the central and state Waqf boards for inclusivity.

Earlier, Speaker Om Birla rejected the opposition's objections that the government had no power to insert new provisions in the amended Bill.

Intervening in opposition's objections, Union Home Minister Amit Shah said the Bill was tabled after a long process of consultations carried out by the JPC.

Shah said the Bill was first introduced in August 2024 after which, as sought by the House, it was referred to the JPC, which held long consultations on it.

The JPC report was approved by the Union Cabinet before the Bill was tabled in the House.

"This is a democratic committee. This committee did not act like the Congress-constituted committee. It followed proper procedure and consultations," Shah said.