Waqf (Amendment) Act, 2025: A Step Toward Reform or a Threat to Autonomy?

The Indian Parliament recently passed the Waqf (Amendment) Act, 2025, renaming the Waqf Act, 1995, as the United Waqf Management, Empowerment, Efficiency and Development (UWMEED) Act, 1995. The Act has sparked widespread debate, protests, and concerns about the centralization of religious matters, despite the government's claim that it is a progressive reform that promotes inclusivity, transparency, and efficiency in Waqf administration. Waqf is the Muslim practice of permanently dedicating property to charitable, religious, or pious causes. The management of Waqf properties across India is overseen by various State and Central Waqf Boards, which function under the legal framework laid down in the Waqf Act of 1995. The newly enacted amendments seek to overhaul this system—but not without controversy.

Important Sections of the Act The Waqf (Amendment) Act, 2025 introduces a number of structural and policy-level changes aimed at reshaping how Waqf boards function:

1. Muslim women's inclusion as a requirement For the first time, the law mandates the inclusion of at least two Muslim women on both Central and State Waqf Boards. This move has been widely praised as a step toward gender representation in religious institutions historically dominated by male members.

2. Representational Diversity Based on Sect In order to make Waqf boards more representative of India's religious diversity, the Act mandates representation from various Muslim sects. Despite the fact that this encourages inclusivity, critics warn that it may plant seeds of division or result in token representation. 3. Increased Central Control One of the most contentious aspects of the amendment is the increased power granted to the Central Government. It can now issue regulations regarding Waqf property registration, audit, management, and dispute resolution. Autonomy and the possibility of power misuse have been questioned as a result of this centralization of authority. 4. Change in Appellate Jurisdiction Tribunal decisions regarding Waqf property disputes can now be appealed in High Courts within 90 days. While this is seen as a step toward judicial accountability, it also adds another legal layer that could delay dispute resolution.

Government’s Justification

The government has defended the Waqf (Amendment) Act, 2025 as a modern, progressive, and inclusive reform. The amendments, as stated by the Ministry of Minority Affairs, are intended to: Transparency and efficiency in Waqf property management can be improved. Ensure that all members of the community are treated equally Provide a uniform structure for governance across the country

Give the boards more authority by giving them easier administrative tools. Officials argue that with thousands of Waqf properties lying in disrepair or entangled in litigation, stronger oversight and clearer legal frameworks are essential.

Reaction and Debate from the Public Despite assurances from the government, Muslim groups, opposition parties, and civil rights activists have strongly opposed the Act. 1. Violence and protests Regions such as Murshidabad in West Bengal and Unakoti in Tripura witnessed violent protests, leading to at least five reported deaths. Demonstrators said that minority rights and religious freedoms were being violated by the government. 2. Fears of Government Overreach

Critics argue that giving sweeping powers to the central government risks undermining the independence of Waqf institutions. The move may be politically motivated, which would allow for future interference in trusts led by religious and community groups. 3. Opposition Party Responses

Prior to passing the bill through Parliament, a number of opposition leaders referred to the Act as "undemocratic" and "non-consultative," citing the absence of a broader dialogue with community stakeholders. Reform's supporters applaud On the other hand, some Muslims and social reformers have been supportive of the changes. The inclusion of Muslim women on boards was praised by women's rights groups as a long-overdue correction. Some legal experts have also noted that streamlining appellate procedures and centralized audits could potentially curb corruption and misuse of Waqf resources—issues that have plagued the boards for decades The Way Forward Implementation is the next stage now that the Act is in effect. The central government will need to frame rules, update registration systems, and restructure existing boards to align with the new mandate. This could prove challenging in states with large Waqf holdings and established systems.

In addition, if petitions are filed to challenge particular Act provisions, the judiciary may play a role. The balance between reform and religious autonomy will be a delicate one, requiring sensitivity, dialogue, and legal clarity.

Conclusion

One of India's most significant recent legal reforms pertaining to religious institutions is the Waqf (Amendment) Act, 2025. While its goals of transparency, inclusivity, and modernization are commendable, the manner and content of the reform raise legitimate concerns about centralization and potential marginalization.

How the government enforces this legislation and how well it addresses the concerns of the communities it affects will determine whether it will result in improved governance or unintended friction.