Land, Law, and Faith: Unpacking the Controversy Around the Waqf (Amendment) Act, 2025

The recently passed Waqf (Amendment) Act, 2025 has triggered widespread debate and legal scrutiny across India. While the government claims the amendment aims to bring greater transparency and accountability to Waqf properties, critics argue it grants disproportionate powers to Waqf Boards, marginalizes non-Waqf stakeholders, and threatens property rights.

From legal experts to religious leaders and land rights activists, a wide spectrum of voices have raised alarm over the long-term socio-political implications of the amended law. The controversy has quickly escalated, making the Act one of the most talked-about legislative changes in recent months.

What is Waqf and Why Is It Controversial?

Waqf refers to a religious endowment made by Muslims, typically for charitable or religious purposes. These properties are managed by Waqf Boards established under the Waqf Act of 1995. India has over 8 lakh registered Waqf properties, making it the largest holder of such land in the world.

According to the Central Waqf Council (cwcb.nic.in), these properties include mosques, graveyards, schools, and commercial buildings—often situated in prime urban locations. Historically, Waqf land disputes have triggered complex legal battles, especially when such properties overlap with those claimed by individuals, communities, or even government bodies.

Key Provisions of the Waqf (Amendment) Act, 2025

The 2025 amendment introduces several pivotal changes:

• Section 40A: Allows Waqf Boards to declare any property as Waqf property based on oral evidence or historical religious use, even if the land has no written Waqf deed.

• Fast-Track Tribunals: Strengthens the powers of Waqf Tribunals, enabling them to bypass civil courts in property disputes.

• No Prior Notice Clause: Permits Waqf Boards to list properties as Waqf without mandatory prior notice to the current occupants or owners.

• Prohibition of Appeal in Civil Courts: Bars individuals from challenging Waqf property declarations in regular civil courts.

These changes have drawn significant backlash from citizens’ groups and legal professionals who see them as a violation of fundamental rights under Article 300A of the Constitution, which guarantees the right to property.

Critics Call It a "Land Grab Mechanism"

Opposition leaders and civil society organizations have described the Act as a "legal land grab." According to Bar & Bench, many believe that granting quasi-judicial powers to Waqf Boards—institutions not accountable to the judiciary in the same way as regular courts—undermines due process.

Advocate Harish Salve, a former Solicitor General of India, publicly stated that “the amendment empowers the Waqf Board to dispossess citizens without due legal process, which is antithetical to the rule of law.”

Even political figures from the ruling party have privately expressed discomfort with the sweeping nature of the law, fearing it may be used selectively and politically.

Protests and Legal Challenges

The amendment has led to protests in several states, particularly in Karnataka, Maharashtra, Uttar Pradesh, and Madhya Pradesh, where Waqf land disputes are already politically sensitive.

Multiple Public Interest Litigations (PILs) have been filed in the Supreme Court and various High Courts, challenging the constitutionality of the amended provisions. LiveLaw reported that the Supreme Court has agreed to hear a batch of petitions questioning the legality of bypassing civil courts.

The Akhil Bharatiya Hindu Mahasabha and Property Rights Associations have also mobilized legal teams to defend what they call “ancestral lands” wrongly listed under Waqf jurisdiction.

Government’s Defense: Transparency and Digital Audits

In defense of the law, the Ministry of Minority Affairs has stated that the Waqf (Amendment) Act, 2025 is aimed at protecting Waqf properties from illegal encroachments and improving governance.

In an official statement shared on pib.gov.in, the Ministry clarified that the amendment was passed after consultations with Waqf Boards and legal experts, and that it mandates geo-tagging and digital auditing of Waqf properties for greater transparency.

Minister for Minority Affairs, Smriti Irani, said in Parliament:
"This amendment ensures religious endowments are preserved, accounted for, and kept safe from misuse or privatization."

Political Implications and Community Reactions

The amendment has not only stirred legal debates but also deepened communal and political tensions. While some Muslim organizations have welcomed the stronger protections for Waqf lands, others worry it will be used as a political tool to control or settle scores with local communities.

All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) leader Asaduddin Owaisi has called the amendment “overreaching and dangerous,” adding that it may end up hurting genuine Waqf beneficiaries due to administrative overreach.

On the other hand, RSS-linked organizations have launched awareness campaigns to challenge “wrongful” Waqf claims and are demanding a nationwide review of all Waqf-listed lands.

What Legal Experts Are Saying

According to The Leaflet, the new law could violate Articles 14, 19(1)(f), and 300A of the Constitution by:

• Denying equal protection under the law

• Restricting the right to hold property

• Bypassing fair legal processes

Legal experts are urging the Law Commission of India to review the amendment in light of fundamental rights and secular governance principles.

Conclusion: Reform or Overreach?

The Waqf (Amendment) Act, 2025 reflects a deeper clash between legal reform, religious rights, and property ownership. While safeguarding Waqf properties is undoubtedly important, critics argue that any such measures must also protect individual liberty, property rights, and judicial fairness.

With the matter now moving into the constitutional courts, the fate of the amended law—and its long-term socio-political consequences—will be determined not in the legislature, but in the judiciary. Until then, the controversy continues to simmer, becoming yet another flashpoint in India’s increasingly polarized political landscape.