Waqf Amendment Act, 2025: Reforming Governance and Accountability
The Waqf Amendment Act, 2025 is an important piece of legislation aimed at reforming the management and administration of waqf properties in India. Waqf properties are religious or charitable endowments created under Islamic tradition for purposes such as mosques, graveyards, schools, and welfare institutions. India has one of the largest collections of waqf properties in the world. However, for many years, concerns have been raised about poor management, lack of transparency, land disputes, and misuse of these properties. The 2025 amendment was introduced to address these long-standing issues and improve governance.
The original Waqf Act of 1995 provided the legal framework for the registration, protection, and administration of waqf properties through Waqf Boards at the state level. Despite its intentions, the Act faced criticism due to weak enforcement and
limited accountability. Large portions of waqf land remained unregistered or were involved in prolonged legal disputes. In several cases, local authorities and courts found it difficult to verify waqf claims, leading to conflicts with private individuals and government agencies. The Waqf Amendment Act, 2025 seeks to correct these structural problems.
One of the most significant changes introduced by the amendment relates to the process of identifying and declaring waqf property. The Act removes the concept of “waqf by user,” which earlier allowed land to be declared waqf based solely on long-term religious use, even without formal documentation. The government argued that this provision created legal uncertainty and frequent disputes. Under the new law, clearer documentation and lawful ownership are required before a property can be registered as waqf. This change aims to reduce conflicts and protect property rights while ensuring lawful recognition of genuine waqf assets.
The amendment also strengthens the role of government authorities in surveying and managing waqf properties. District-level officials are given greater responsibility in conducting land surveys and verifying records. Supporters of the Act believe this will improve accuracy and reduce corruption. However, critics argue that increased government involvement may reduce the autonomy of religious institutions. This debate highlights the challenge of balancing administrative efficiency with religious independence.
Another key feature of the Waqf Amendment Act, 2025 is the application of general property laws to waqf disputes. Earlier, waqf properties were exempt from certain limitation rules, allowing claims to be raised even after long periods. The amendment makes the Limitation Act applicable, meaning disputes must be raised within a fixed time. This change is intended to bring waqf matters in line with broader legal principles and prevent endless litigation.
In the current situation, the Act has generated significant public debate and legal challenges. Several petitions have been filed questioning its constitutional validity, especially regarding minority rights and freedom of religion. Some groups fear that the amendments may weaken the protection given to waqf properties and place excessive control in the hands of the state. On the other hand, the government maintains that the reforms are necessary to ensure transparency, prevent illegal occupation, and ensure that waqf properties serve their intended charitable purposes.
Social and political reactions to the Act have been mixed. Supporters view it as a long-overdue reform that brings accountability and clarity to a system affected by inefficiency and disputes. Opponents see it as an unnecessary interference in religious affairs. The ongoing court proceedings will play a crucial role in shaping how the law is implemented in practice.
In conclusion, the Waqf Amendment Act, 2025 represents a major attempt to modernize waqf administration in India. While its goals of transparency, efficiency, and legal clarity are important, its success will depend on fair implementation and sensitivity toward religious concerns. A balanced approach, combined with dialogue between authorities and communities, will be essential to ensure that waqf properties continue to serve their social and charitable role effectively.
