THE PASSAGE OF THE CONTENTIOUS WAQF BILL: ANOTHER HINDUTVA CONSPIRACY AGAINST INDIA’S MUSLIMS

Sat 05 April 2025:

India’s Hindutva government has taken a controversial step by passing amendments to the waqf (Islamic endowment) law, which appears to be a blatant attempt to seize control of waqf properties, including mosques and other religious sites.

The new Waqf (Amendment) Bill, 2025, passed by both Houses of Parliament on 2 and 3 April, introduces significant changes to the management and regulation of waqf properties—endowments made by Muslims for religious, charitable or pious purposes under Islamic law. It now awaits the presidential assent to become law.

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The amendment is part of a broader pattern of discriminatory policies and actions, which have been escalating in recent years, targeting Muslims. The move has sparked widespread concern among the Muslim community, who see it as a brazen attack on their rights and freedoms.

The targeting of waqf properties is particularly egregious, as it not only undermines the Muslim community’s autonomy and cultural heritage, but also threatens the very fabric of India’s secular democracy.

The legislation, pushed forward by the ruling Hindu nationalist Bharatiya Janata Party (BJP)-led government, is the latest move against Muslims, driven by the ideological underpinnings of Hindutva—a Hindu nationalist philosophy that seeks to redefine India as a Hindu-centric nation.

The Waqf Bill seeks to reform the Waqf Act of 1995, which governs the management of properties endowed by Muslims for religious, charitable or community purposes under Islamic law. Waqf properties—estimated to span over 940,000 acres of land and include mosques, madrasas, graveyards and other community assets—are a vital part of Muslim religious and cultural life in India.

According to India’s Waqf Assets Management System, the country has 872,324 immovable waqf properties, making it one of the world’s largest repositories of religious and community-owned land.

The government contends that the amendments are intended to enhance transparency and efficiency in the administration of these properties, addressing issues like mismanagement and encroachment.

When the controversial bill was tabled in the House in 2024, the opposition demanded a Joint Parliamentary Committee (JPC) to investigate the matter. Though the committee was set up in August, the entire exercise was done in an unconstitutional manner, as all the recommendations submitted by the JPC members of the opposition parties were rejected.

The new amendments had strange inclusions, such as mandating the inclusion of non-Muslims on waqf boards, shifting dispute resolution authority from waqf tribunals to government officials and restricting property dedication to Muslims who have practised Islam for at least five years.

Muslim leaders criticise the government for its double standards, questioning whether it has the courage to reform Hindu and Christian personal laws and urging the inclusion of representatives from other religions on their respective governing boards.

Opposition leaders, Muslim organisations and civil society groups have fiercely contested these changes, viewing them as an assault on Muslim autonomy and religious freedom. They argued that the inclusion of non-Muslims in waqf boards undermines the community’s right to manage its own religious affairs, a right protected under Articles 25 and 26 of the Indian Constitution, which guarantees freedom of religion and the ability of religious groups to administer their institutions.

Critics also highlight the removal of the “waqf by user” provision—a mechanism that historically recognised properties as waqf based on long-standing use—as a move that could jeopardise the status of centuries-old mosques and shrines.

Furthermore, the shift of authority to government bureaucrats is seen as a power grab, potentially enabling the state to claim or repurpose waqf lands under the guise of administrative oversight. The amendment grants the government undue power to regulate the management of the endowments and determine whether a property qualifies as “waqf”.

The timing and context of the bill amplify these concerns. Since the BJP’s rise to power in 2014, critics have pointed to a series of policies and actions perceived as marginalising Muslims, including the revocation of Jammu and Kashmir’s special status in 2019, the passage of the Citizenship Amendment Act that same year and the handling of the land of demolished Babri Masjid to Hindus, culminating in the construction of a Hindu temple on the site in January 2024.

The waqf amendment is viewed by many as part of this broader pattern, with detractors alleging that it aligns with the agenda of consolidating Hindu dominance while eroding the rights of Muslims, who constitute about 14 per cent of India’s population. It is a calculated move to usurp Muslim properties, signalling a shift towards a majoritarian state where religious minorities are increasingly sidelined.

“It is a very dark day in India’s secular democracy, where the government has brought a bill which is unfair and against the fundamental rights…The amendments are sending a very chilling effect to the Muslim community,” Trinamool Congress leader Mahua Moitra, who voted against the bill, said.

The All India Muslim Personal Law Board (AIMPLB), the apex body of Muslim organisations, has called the bill “unconstitutional” and vowed to challenge it legally. The board said that it would be detrimental rather than beneficial for Muslims. The opposition parties, including the Congress, Samajwadi Party and Dravida Munnetra Kazhagam, have accused the government of using the legislation to “divide and disenfranchise” Muslims for political gain.

India’s secular identity has long been a cornerstone of its democratic framework, enshrined in its Constitution and celebrated as a model of unity in diversity. Since the Hindutva government led by Narendra Modi swept to power in 2014, several decisions and laws, particularly the new Waqf Bill, have sparked intense debate about the state of secularism and the rights of Muslim minorities.

Regardless of the outcome of the amended Waqf Bill, which will become a law soon, the controversy surrounding it underscores a deepening fault line in India’s polity—one that pits the promise of secular equality against the realities of rising religious polarisation. Whether India can navigate this tension without compromising its foundational values remains a critical test for its democracy.

Author:

P. K. Niaz

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