The “new Waqf bill” you’re referring to is likely the Waqf (Amendment) Bill, 2025, which was passed by the Indian Parliament in April 2025, amending the Waqf Act, 1995. Since I don’t have a “previous Bwaqf bill” to compare it with (assuming “bwaqf” is a typo), I’ll compare the 2025 amendments with the original Waqf Act, 1995, which governed Waqf properties in India prior to these changes. Below is an overview of the new bill and a comparison with the 1995 Act based on available information up to April 3, 2025.
Overview of the Waqf (Amendment) Bill, 2025
The Waqf (Amendment) Bill, 2025, also referred to as the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, introduces significant reforms to the administration, transparency, and inclusivity of Waqf properties in India. Waqf refers to properties dedicated by Muslims for religious, charitable, or pious purposes under Islamic law, managed by Waqf Boards and overseen by the Central Waqf Council. The 2025 bill addresses long-standing issues like mismanagement, lack of transparency, and disputes over property claims, while sparking debate over government oversight and religious autonomy.
Key Features of the 2025 Bill
- Renaming and Intent:
- Renames the Waqf Act, 1995, to the “Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995” (UMEED), signaling a focus on modernization and efficiency.
- Aims to enhance transparency, accountability, and inclusivity in Waqf governance.
- Composition of Waqf Boards and Central Waqf Council:
- Mandates inclusion of two non-Muslim members in both the Central Waqf Council and State Waqf Boards.
- Requires two Muslim women on these bodies, promoting gender equality.
- Removes the requirement that the Chief Executive Officer (CEO) of a Waqf Board must be Muslim, opening the role to non-Muslims.
- Survey and Property Disputes:
- Replaces the Survey Commissioner with the District Collector (or a deputy-level officer) to survey Waqf properties, aligning records with state revenue laws.
- Government properties identified as Waqf will cease to be recognized as such, with the Collector determining ownership and updating revenue records.
- Removes the “Waqf by user” provision (where long-term use could designate a property as Waqf), though existing Waqf-by-user properties registered before the bill remain valid unless disputed by the government.
- Registration and Transparency:
- Mandates all Waqf properties be registered on a centralized portal within six months of the law’s enactment, with exceptions allowed by Waqf Tribunals.
- Introduces audits by the Comptroller and Auditor General (CAG) or a designated officer for Waqf institutions earning over ₹1 lakh annually.
- Waqf Creation Rules:
- Only a person practicing Islam for at least five years can dedicate property as Waqf, and they must own the property.
- Ensures inheritance rights (especially for women) are not denied in family Waqf (waqf-alal-aulad).
- Tribunal and Appeals:
- Reforms Waqf Tribunals to include a District Judge, a Joint Secretary-level officer, and removes the mandatory Muslim law expert.
- Allows appeals against Tribunal decisions to the High Court within 90 days, applying the Limitation Act, 1963, to Waqf claims.
- Financial Reforms:
- Reduces mandatory contributions from Waqf institutions to Waqf Boards from 7% to 5%, freeing up funds for charitable purposes.
- Sectarian Inclusivity:
- Provides for separate Waqf Boards for Bohra and Aghakhani communities, alongside existing provisions for Shia and Sunni Boards where applicable.
Comparison with the Waqf Act, 1995
The Waqf Act, 1995, was a comprehensive law enacted to regulate Waqf properties, replacing earlier legislation like the Waqf Act, 1954, and the Mussalman Wakf Act, 1923. The 2013 amendments to the 1995 Act had already expanded Waqf Board powers, but the 2025 bill shifts the framework significantly. Here’s a detailed comparison:
| Aspect | Waqf Act, 1995 (with 2013 Amendments) | Waqf (Amendment) Bill, 2025 |
|---|---|---|
| Name | Waqf Act, 1995 | Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, 1995 |
| Waqf Board Composition | All members (except ex-officio) must be Muslim; at least two women required. Elections from Muslim MPs, MLAs, Bar Council members. | Includes two non-Muslim members; two Muslim women mandatory; state nominates all members, no elections. |
| CEO Requirement | Must be a Muslim officer (Deputy Secretary rank or equivalent). | No religious requirement for CEO. |
| Survey Authority | Survey Commissioner appointed by the state. | District Collector or deputy-level officer. |
| Waqf by User | Recognized properties used long-term for religious purposes as Waqf, even without documentation. | Abolished prospectively; pre-existing Waqf-by-user properties remain unless disputed. |
| Property Disputes | Waqf Board could determine Waqf status (Section 40); Tribunal decisions final unless High Court intervened in rare cases. | Collector investigates; Tribunal decisions appealable to High Court within 90 days. |
| Transparency | No mandatory central portal; limited audit provisions. | Centralized portal for registration; CAG audits for high-income Waqfs. |
| Waqf Creation | Any Muslim could create Waqf; no explicit practice duration. | Must practice Islam for 5+ years; inheritance rights protected. |
| Tribunal Structure | Three members: Judge, Additional District Magistrate, Muslim law expert. | Three members: District Judge, Joint Secretary, no Muslim law expert required. |
| Government Oversight | State governments audited Waqf accounts; limited central role. | Central government sets rules for registration, audits; increased state oversight via Collector. |
| Financial Contribution | 7% of income to Waqf Boards. | Reduced to 5%. |
| Sectarian Boards | Shia Board if Shia Waqf exceeds 15% of total Waqf assets. | Adds Bohra and Aghakhani Boards alongside Shia/Sunni. |
Key Differences and Implications
- Governance and Autonomy:
- 1995 Act: Gave Waqf Boards significant autonomy, including the power to declare properties as Waqf (Section 40), often criticized for enabling unchecked claims and corruption (e.g., Karnataka Waqf Board land scam).
- 2025 Bill: Reduces Board autonomy by transferring key powers (surveys, disputes) to government officials like the District Collector, aiming to curb misuse but raising concerns about religious freedom (Article 26 of the Indian Constitution).
- Inclusivity:
- 1995 Act: Exclusively Muslim governance, reflecting Islamic law principles.
- 2025 Bill: Introduces non-Muslims and emphasizes women’s representation, aligning with broader social inclusion goals but contested by some as diluting religious character.
- Transparency and Efficiency:
- 1995 Act: Lacked modern tools like centralized databases; faced issues like poor revenue (₹163 crore annually vs. potential ₹12,000 crore, per the Sachar Committee).
- 2025 Bill: Leverages technology (central portal) and audits to improve management and revenue potential, benefiting societal welfare.
- Dispute Resolution:
- 1995 Act: Waqf Tribunals had near-final authority, often called “kangaroo courts” by critics due to limited appeals.
- 2025 Bill: Enhances judicial oversight with High Court appeals, applying standard legal timelines (Limitation Act), balancing Waqf rights with fairness.
- Property Claims:
- 1995 Act: “Waqf by user” and Board declarations led to controversial claims (e.g., Tamil Nadu village disputes).
- 2025 Bill: Eliminates “Waqf by user” prospectively and prioritizes government property rights, aiming to resolve encroachments but criticized for favoring state control.
