The Waqf (Amendment) Bill, 2024, recently passed by India's Parliament, introduces significant changes to the management and oversight of waqf properties, Islamic charitable endowments. While the government asserts that these amendments aim to enhance transparency and reduce corruption, they have sparked considerable controversy and opposition, particularly among Muslim communities and leaders who view them as an infringement on religious autonomy and property rights.​

Key Provisions of the Waqf (Amendment) Bill, 2024

1. Inclusion of Non-Muslim Members in Waqf Boards: The bill mandates the inclusion of at least two non-Muslim members in both the Central Waqf Council and State Waqf Boards. Previously, these bodies were composed exclusively of Muslims. Supporters argue that this change promotes diversity and transparency, while critics contend it undermines the religious character of these institutions.

2. Authority to Determine Waqf Property Ownership: The bill empowers government-appointed district collectors or magistrates to survey and determine the ownership of waqf properties, a role previously held by survey commissioners. This shift raises concerns about potential government overreach and the possible reclassification of waqf properties as state-owned, especially in cases where documentation is lacking.

3. Restrictions on Waqf Declarations: Only individuals who have practiced Islam for at least five years and own the property in question are now permitted to declare a waqf. This provision eliminates the concept of "waqf by user," where longstanding communal use could establish a property's waqf status, potentially affecting numerous properties historically recognized as waqf.

4. Changes to Tribunal Structures: The composition of tribunals handling waqf disputes has been altered. The requirement for a member knowledgeable in Muslim law has been removed, with the tribunal now chaired by a current or former District Court judge and including a joint secretary-level officer. Additionally, the bill allows appeals against tribunal decisions to the High Court within 90 days, introducing a new layer of legal recourse. 

5. Enhanced Government Oversight: The central government gains increased authority to regulate waqf affairs, including making rules regarding waqf registration, auditing, and the publication of accounts. The Comptroller and Auditor General (CAG) or designated officers are authorized to audit waqf accounts, aiming to improve financial transparency.

The government, led by Prime Minister Narendra Modi's administration, asserts that the amendments are designed to curb corruption, enhance transparency, and ensure better management of waqf properties. Minority Affairs Minister Kiren Rijiju emphasized that including non-Muslims in waqf boards would promote diversity and reduce malpractices. The government also argues that these changes align waqf management with broader national interests and legal frameworks.

The bill has faced strong opposition from various quarters:​

• Muslim Organizations: The All India Muslim Personal Law Board (AIMPLB) and other Muslim groups have vehemently opposed the bill, arguing that it infringes upon the constitutional rights of Muslims to manage their religious endowments. They contend that the inclusion of non-Muslims in waqf boards and increased government control could lead to the usurpation of waqf properties. 

• Opposition Parties: Political parties such as the Indian National Congress have criticized the bill, viewing it as an attempt to undermine minority rights and autonomy. They express concerns that the legislation could be used to seize historically significant religious properties, especially those lacking formal documentation

• Legal Experts and Activists: Critics highlight that the bill's provisions may violate Article 26 of the Indian Constitution, which grants religious denominations the right to manage their own affairs in matters of religion. They warn that the changes could set a precedent for increased state interference in religious institutions.

The Muslim community, comprising approximately 14% of India's population, has expressed apprehension that the bill could lead to the reclassification and potential loss of waqf properties, many of which have been in communal use for centuries without formal documentation. The removal of "waqf by user" and the empowerment of government officials to determine property ownership are seen as particularly troubling developments. 

The Waqf (Amendment) Bill, 2024, represents a significant shift in the management of waqf properties in India. While the government maintains that the amendments aim to improve transparency and reduce corruption, the widespread opposition underscores deep-seated concerns about religious autonomy, property rights, and minority protections. As the bill awaits presidential assent, it remains a focal point of national debate, reflecting broader tensions surrounding governance, secularism, and minority rights in India.

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