On April 3, 2025, the Lok Sabha passed the Waqf Amendment Bill amidst growing protests from Muslim leaders, Opposition parliamentarians and civil society organisations. The Bill, framed in the language of “reform” and “transparency,” in reality, marks a critical turning point in the Indian state’s approach towards Muslim religious and charitable institutions. With sweeping changes in the administration, registration, and legal protection of Waqf properties, the Bill is in fact an assault on both religious freedom and constitutional safeguards.
More than a legal document, the Waqf Amendment Bill 2024, now an Act, is obviously an ideological statement – declaring a more profound state control over Muslim identity, autonomy, and legacy.
The Institution of Waqf: A Sacred Trust and Constitutional Right
The institution of Waqf (endowment for religious or charitable purposes) is deeply embedded in Islamic jurisprudence. The Constitution of India recognises the religious and cultural autonomy of minorities under Articles 25 and 26. Article 26(b), in particular, gives every religious denomination the right to manage its own affairs in matters of religion. Waqf, therefore, is not merely a religious institution; it is a constitutional entitlement.
Unpacking the Legal Provisions: Bureaucratisation over Autonomy
A close examination of the Bill reveals several provisions that severely affect the legal standing and religious character of Waqf properties:
- Mandating Non-Muslim Representation on Waqf Boards
The Bill proposes the mandatory inclusion of non-Muslims in State Waqf Boards. This unprecedented move violates the fundamental principle of religious autonomy. No similar provision exists for the management of Hindu, Sikh, or Christian institutions. Why must only Muslim religious affairs be subject to external oversight?
- Transfer of Survey Authority to District Collectors
Waqf surveys are now to be conducted under the supervision of District Collectors, sidelining the Waqf Boards’ own surveyors. This bureaucratic interference not only disregards the legal expertise of the Boards but also risks the exclusion or misidentification of Waqf properties – especially in politically sensitive areas.
- Repeal of Section 107 of the Waqf Act, 1995
This repeal is a legal earthquake. Earlier, Waqf properties were exempted from limitations of the Limitation Act. Now, with the protection gone, individuals or entities that have encroached upon Waqf land for a prolonged period can claim ownership. This could legalise thousands of land grabs – transforming historical injustice into lawful dispossession.
- Six-Month Deadline for Registration of Properties
The Act requires that all Waqf properties be registered within six months failing which they may lose legal status. This clause is not only impractical but also blind to the sheer scale of Waqf properties, the entrenched documentation hurdles, and decades of institutional neglect. It is a dangerous legal trap disguised as administrative reform.
Constitutional Questions and Democratic Concerns
The Act’s provisions are prima facie violative of:
- Article 14 – Equality before law (selective targeting of Muslim institutions);
- Article 25 – Freedom of religion;
- Article 26 – Autonomy of religious denominations; and
- Article 30 – Rights of Minorities to manage their institutions;
The Indian Constitution never envisioned majoritarian oversight over minority religious institutions. By disturbing the constitutional balance, this Act converts secular governance into an apparatus of scrutiny and surveillance aimed at minority communities.
From North to South: The Act’s Uneven Toll Across States
While legal experts debate constitutional clauses, the real-world effects of the Waqf Amendment Act 2025 are already reverberating across India, threatening the lives and legacies tied to Waqf properties.
In Tamil Nadu, around 50 lakh Muslims face significant challenges, as highlighted by the DravidaMunnetraKazhagam (DMK) in their Supreme Court petition on April 7. A madrasa in Chennai relies on Waqf funds but now faces uncertainty due to new digitisation mandates and oversight from district collectors.
A teacher expressed concern to The Hindu on April 5: “We’ve run this school for decades, teaching children who can’t afford private education. Now, we’re told our records aren’t enough – how do we prove what’s been ours for generations?”
The DMK argues that these changes jeopardise the autonomy of such institutions, a sentiment echoed in a state assembly resolution urging the withdrawal of the Act.
In Hyderabad, the historic Qutb Shahi Tombs, maintained partly through Waqf resources, now face a modern threat. These tombs are among the 8.72 lakh registered properties nationwide that must undergo mandatory digitisation, as reported by The Hindu on April 5. A caretaker told India Today on April 7, “We’ve protected this site for centuries, but the new rules demand papers we never needed before. If we miss the deadline, who takes over?” This shift towards centralised control raises fears of encroachment or mismanagement.
In Jamtara, Jharkhand, the Muslims protested on April 8, according to Hindustan. Hundreds marched from Gandhi Maidan to the subdivisional office, delivering a memorandum to the Deputy Commissioner. A protester stated, “Our dargahs, our orphanages – they’re ours to manage. Why should a collector decide their future?” This demonstration reflects broader anxiety about bureaucratic overreach severing ties to community-led institutions.
These stories, drawn from vastly different corners of the country, show that this is not an isolated disturbance – it is a structural disruption. It is precisely this breadth of impact that now demands a unified, strategic, and constitutionally grounded response from the Muslim community.
The Shadow of Majoritarianism and Centralisation
The Waqf Amendment Act is not an aberration – it fits into a larger political and ideological framework. In recent years, we have seen:
- The abrogation of Article 370;
- The bulldozer politics targeting Muslim localities;
- The criminalisation of religious attire and practice.
- The CAA-NRC discourse;
- The curtailing of minority scholarships; and
- The proposal to review Church landholdings.
Each of these developments shares a common theme: the shrinking space for minorities to live with dignity, freedom, and autonomy. The inclusion of Waqf under this ideological dragnet is not accidental – it is strategic.
More Than Just Property – This is About Dignity
What falls when Waqf falls?
“This wall is falling – it’s not just made of stone, but of our freedom.”
– An elderly Imam in Bhopal
A madrasa. A masjid. An orphan’s meal. A widow’s pension. A space for prayer. A shelter for the traveller. A legacy of resistance. A symbol of faith. A memory of the past and a hope for the future.
These are not just charitable acts or sacred spaces – they are expressions of a community’s autonomy, its right to serve, organise, and exist with dignity. The new Waqf law threatens this fabric. It is not merely about administrative reform – it is about control. It seeks to redefine who gets to manage Muslim life in India, and who doesn’t.
Let us be clear: This is not a Muslim issue alone. It is a democratic issue. It is a constitutional issue. And it is a test of our national conscience.
What Should Be the Muslims’ Course of Action Now?
The Waqf Amendment Act 2025, despite widespread opposition, poses a serious challenge to Muslim autonomy and institutions. While the community is rightly aggrieved, helplessness is not an option. History offers precedent – from colonial encroachments to post-Partition rebuilding – that demands a unified, strategic response.
1.Legal Resistance
Legal resistance against the Waqf Amendment Act 2025 must evolve into a coordinated national effort, as political parties, civil society groups, and community organisations have already filed petitions. The Act’s controversial provisions – like the repeal of Section 107, mandatory inclusion of non-Muslims in Waqf Boards, and the rigid six-month property registration deadline – violate constitutional protections under Articles 25 to 30. These challenges should be consolidated through a National Legal Task Force of jurists, Waqf Board members, and senior advocates to support ongoing litigations, initiate new ones as needed, and guide state-level actions to safeguard local Waqf assets.
2.Documentation and Digitisation
Inadequate records are a major vulnerability. Community-led digitisation campaigns – mobilising youth and supported by groups like AIMPLB, Jamaat-e-Islami Hind, Imarat-e-Shariah, and APCR – should audit and archive all Waqf assets via a centralised, accessible portal. This is key to legal defence and administrative control.
3.Public Awareness & Political Pressure
Media outreach, social media campaigns, and public seminars must expose the Act’s far-reaching implications. Muslim MPs, secular leaders, and civil society allies should raise concerns in Parliament and beyond. Memorandums backed by data should be submitted to the President, judiciary, and minority commissions. United demonstrations with other religious and marginalised groups can spotlight the broader erosion of minority rights.
4.Community Mobilisation & Unity
Unity among Muslim organisations is the need of the hour. Religious, social, and political bodies must work together through local committees, peaceful protests, and joint strategies. Alliances with Dalits, tribal communities, and civil liberties groups can create a stronger front against authoritarian overreach. Disunity will only accelerate loss; solidarity is survival.
5.Internal Reform & Accountability
Waqf Boards must undertake reforms to address corruption, ensure transparency, and restore community trust. Vigilance committees should monitor implementation of the Act, report abuses, and engage watchdog bodies when needed.
Charting Our Future
The Waqf Amendment Act 2025 is not only a serious blow but also a wake-up call. It’s a chance to regroup, reform, and resist – together in a peaceful and constitutional manner. Only by combining legal action, political advocacy, grassroots mobilisation, and internal accountability – with unity as the cornerstone – can Indian Muslims protect their heritage and assert their place in the democratic framework.
[The writer is Assistant Secretary, Jamaat-e-Islami Hind]