The recently introduced Waqf (Amendment) Bill, 2024, has drawn significant criticism for allegedly infringing upon Muslim religious rights as guaranteed under the Indian Constitution. According to a detailed report analysing the bill by Zunaid Khalid, various provisions undermine the autonomy of Waqf institutions, dilute Muslim representation in Waqf governance, and pave the way for increased government control over Waqf properties.
Khalid’s report highlights that the bill violates Articles 25 and 26, which safeguard religious freedoms and the right to manage religious institutions. One of the major points of contention is the restriction that only Muslims who have practiced Islam for at least five years can dedicate property as Waqf. His arguments state that this arbitrary criterion has no basis in Islamic teachings and unjustly limits religious practice. Additionally, the bill transfers Waqf property management from Waqf Boards to government-appointed Collectors, significantly reducing the community's control over its religious endowments.
Another contentious provision in his report is the mandatory inclusion of two non-Muslim members in both the Central and State Waqf Boards, which, according to the report, violates Article 30, guaranteeing minorities the right to administer their own religious institutions. The amendment also introduces special provisions for Bohra and Aghakhani communities, while denying similar autonomy to Sunni and Shia Muslims, raising concerns over discrimination within the Muslim community.
Zunaid Khalid that the bill weakens judicial protections for Waqf properties, enabling government authorities to declare Waqf lands as non-Waqf and facilitating encroachments and land acquisitions. The removal of Sections 107, 108, and 108A—which previously protected Waqf lands from legal claims—further exacerbates fears of property takeovers.
Financially, the bill reduces Waqf Boards’ income by lowering the mandatory contributions from Waqf properties from 7% to 5%, potentially affecting charitable initiatives, scholarships, and welfare programs for economically weaker sections of the community. Additionally, new auditing rules would place Waqf finances under direct government oversight, raising concerns over undue financial scrutiny and political interference.
The Muslim community and legal experts have called for the withdrawal or revision of the bill, emphasising the need to restore Waqf Board autonomy, protect Waqf properties from government encroachment, and ensure financial independence. Many believe the bill, if passed in its current form, would lead to systemic erosion of Muslim religious and constitutional rights, prompting calls for legal and political action to challenge its provisions.
(The author is Advocate Gauhati High Court)