Explained: Why India’s New Waqf Amendment Bill Is Sparking Outrage and Legal Challenge

What’s the Issue?

The Indian Parliament has passed a controversial Waqf Amendment Bill, 2024, sparking fierce opposition from political parties, civil rights activists, and Muslim groups. The bill, hailed by Prime Minister Narendra Modi as a move toward “transparency and reform,” proposes major changes to the way Muslim religious endowments—called waqf—are governed.

What Is Waqf?

Waqf refers to property voluntarily donated by Muslims for religious or charitable purposes. This can include mosques, graveyards, schools, or land. Waqf property is typically permanent and cannot be sold or transferred. It is governed by waqf boards under the Waqf Act of 1995.

What Does the New Bill Change?

1. Inclusion of Non-Muslims on Waqf Boards
   The bill allows non-Muslims to become part of the boards managing waqf properties—something previously restricted to Muslims only.
2. Stronger Government Control
   The amendment gives greater powers to the government in validating waqf landholdings—raising concerns over interference and potential seizure of undocumented waqf properties.
3. Crackdown on Misuse of Waqf Assets
   Authorities claim that leased waqf properties are often used for individual gain. The bill aims to crack down on corruption and ensure waqf income is used for minority welfare.

Why Is There Opposition?

Critics say the bill is unconstitutional and violates religious freedom and minority rights:

• Congress leader Sonia Gandhi called it a “brazen assault on the Constitution.”
• Jairam Ramesh confirmed the party will challenge it in the Supreme Court.
• Muslim groups like the All India Muslim Personal Law Board and Jamaat-e-Islami Hind say it’s an attempt to undermine Islamic law and confiscate Muslim heritage properties.
• Trinamool Congress MP Mahua Moitra warned that the bill sends a message to Muslims: “You are not an equal citizen of India.”

Is This Politically Motivated?

Many believe the bill is part of the ruling BJP’s broader Hindutva agenda:

• Allegations are rife that this is aimed at polarizing voters ahead of elections in key states like Bihar.
• Communist Party of India (Marxist) and DMK (Tamil Nadu) have also vowed legal resistance.

Why It Matters

• Waqf assets in India are worth over $14 billion.
• The law could affect hundreds of mosques, dargahs, schools, and cemeteries, especially those lacking formal land records.
• The move comes amid rising global criticism of India’s record on religious freedom.

What’s Next?

With multiple opposition parties announcing a Supreme Court challenge, the future of the bill may lie in the hands of the judiciary. Meanwhile, India’s 200-million-strong Muslim community watches with growing concern as another religious controversy brews in Parliament.