Waqf Bill in Lok Sabha today: 5 KEY changes in revised version amid opposition by INDIA bloc, Muslim groups | Mint TechTricks365

Waqf Bill in Lok Sabha today: Prime Minister Narendra Modi-led Union government will re-introduce the contentious Waqf (Amendment) Bill, 2025, in the Lok Sabha today, April 2.

The Bill, to be introduced by Union Minority Affairs Minister Kiren Rijiju, amends the Waqf Act,1995 which governs the management of Waqf properties in India.

The Bill proposes sweeping changes empowering PM Modi-led Union government to ‘address’ issues and challenges in regulating and managing Waqf properties. It also seeks to improve the administration and management of Waqf properties in India, according to the government.

Rijiju first introduced the Bill in August last year, after which it was referred to a Joint Parliamentary Committee(JPC) for further scrutiny. On February 27, the JPC cleared 14 amendments moved by the members of the BJP or its allies in the National Democratic Alliance (NDA)

The new draft of the Waqf bill reportedly incorporates all 25 recommendations made by the JPC in what will now be known as the Waqf (Amendment) Bill, 2025.

Here are 5 key changes in the new Bill compared to the version tabled in 2024.

1-Waqf By User

The existing Waqf Act, 1995, recognises the concept of “Waqf by user” – that is, properties being used as Waqf properties will remain Waqf even if the user does not exist.

This provision refers to properties that are treated as Waqf based on their long-term use for religious or charitable purposes, even without formal documentation. Several mosques and graveyards fall into this category.

The original bill planned to remove the “waqf by user” provision retrospectively, raising concerns that tens of thousands of properties would be subject to a cloud.

Now, the new bill will apply this contentious provision only prospectively.

“Provided that the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 2025 as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property,” the new bill read.

This means, Waqf properties that are already registered would remain under Waqf unless disputed or identified as government land.

2-The Collector’s Role

The 2024 version of the bill proposed to allow the Collector (District Magistrate) to conduct survey of waqf properties. But after the JPC’s recommendations, the amended bill proposes that a government officer above the rank of collector will investigate government properties claimed as waqf, preventing unwarranted claims.

“The state government may, by notification, designate an officer above the rank of collector (hereinafter referred to as the designated officer), who shall conduct an inquiry as per law, and determine whether such property is a government property or not and submit his report to the state government,” reads the bill

3-Practising Muslim

In the earlier version of the bill, any practising Muslim for at least five years could donate property to Waqf.

Now, in the amended version, “any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property,” can donate.

4- Application to be heard

In the earlier version, no suit, appeal or other legal proceedings for the enforcement of any right on behalf of any Waqf shall be instituted or commenced or heard, tried or decided by any court after the expiry of a period of six months from the commencement of Waqf (Amendment) Act, 2025.

The new amendment reads that the application may be entertained, “provided that an application may be entertained by the court in respect of such suit, appeal or other legal proceedings after the period of six months specified under this sub-section, if the applicant satisfies the court that he had sufficient cause for not making the application within such period.”

5- Creation of Waqf-alal-aulad

In the earlier version of the Bill, the creation of waqf-alal-aulad shall not result in denial of inheritance rights of heirs, including women, of the waqif.

Waqf-alal-aulad is a specific form of Islamic endowment where the revenue generated from a property is aimed at supporting the descendants of the donors. ‘Waqif’ is a person who creates a Waqf for the beneficiary.

In the new version, “the creation of a waqf-alal-aulad shall not result in denial of inheritance rights of heirs, including women heirs, of the waqif or any other rights of persons with lawful claims.

The contentious Bill was referred to a joint parliamentary committee (JPC) in August 2024. The panel’s 655-page report was submitted to both Houses of Parliament in March amid protests by opposition and Muslim groups.

The Union Cabinet, led by Prime Minister Narendra Modi, approved the proposed amendments to the Bill after incorporating changes recommended by the JPC.

The Cabinet incorporated most of the changes recommended JPC headed by BJP leader Jagdambika Pal. The panel cleared the bill on January 27, adopting all 14 changes proposed by the ruling Bharatiya Janata Party(BJP)-led NDAmembers on the panel.

TDP was to not include non-Muslims

The Telugu Desam Party (TDP), a key ally in the BJP-led NDA, will likely seek one amendment in the Waqf Bill, 2025 to be tabled in Lok Sabha today.

The TDP MPs might raise concerns over the provision in the Bill that allows non-Muslims to be on state Waqf Boards.The party wants the government to leave this to the discretion of the respective states, theIndian Expresssaid.