In recent times. India has witnessed significant public and legal unrest regarding Individuals rights over religious land. This unrest was sparked by the enactment of the waqf (Amendment) Act. 2025 which has raised serious question about the balance between state regulation and religious autonomy.

According to the government. the WAQF (Amendment) Act. 2025. is a necessary and progressive. Step aimed at ensuring national interest. Transparency and the proper utilization of WAQF properties. officials argue that improved regulation and oversight will curb corruption. prevent illegal land occupation. and promote efficient use of these assets for the welfare of all citizens.  However, many within the Muslim community remain dissatisfied. viewing the amendment as a direct challenge to their religious practices and institutional autonomy, critics argue that the law disregards the spiritual significance of WAQF. Interferes with traditional religious management, and violates constitutionally protected rights, under article 25 and 26, this growing discontent has led to legal challenges and public protests, reflecting the deep concerns about the erosion of religious freedom in the name of reform,

BACKGROUND OF THE WAQF ACT NEED FOR AMENDMENT

The concept of waqf has deep roots in Islamic tradition. it refers to the permanent dedication of property. Usually land or buildings – for religious or charitable purposes, in India, waqf properties are extensive. covering over 5 lakh registered sites, including masques, school, graveyards, hospitals, and more, these properties are intended to benefit the poor, fund religious activities etc. within the Muslim community.

To manage these assets, the Indian parliament passed the waqf act, 1995. which established state waqf boards and the central waqf council, the; aw gave these institutions the authority to register waqf properties, monitor their use, appoint caretakers (mutawallis), are take action against encroachers however, over the years, serious challenges began to emerge,

Reports by government bodies, independent committees, and watchdogs revealed widespread mismanagement, corruption, illegal. occupation and political interference in the administration of waqf land, the Sachar committee report (2006) notably emphasize how waqf assets were being underutilized and misused, after failing to serve the community’s intended beneficiaries,

Issue and criticisms before the amendment 2025

Before the 2025 amendment, the management of waqf properties in India widespread criticism due to serious flaws in administration and accountability, despite the existence of the waqf act, 1995, the system suffered from poor implementation and weak enforcement, which allowed multiple problems to persist for decades,

Widespread corruption

One of the most serious was corruption within the waqf board themselves, allegation of bribery. favouritism in appointments, misuse of funds, and illegal property transfers were frequently reported many waqf officials were accused of colluding with private parties and politicians for personal gain leading to a massive loss of revenue mean for community welfare,

Encroachments and illegal occupation

Thousands of waqf properties across the country were illegally occupied or encroached upon. due to weak legal action, lack of digital records, and poor supervision, individuals and even private developers grabbed waqf land, according to various estimates, over 70.000 waqf properties had been encroached upon nationwide, causing the community to lose both land and income,

Lack of proper record-keeping

 Many waqf boards failed to maintain accurate and updated records of the properties under their control. In some cases. There were no official maps, ownership titles, or financial documents, this made it easier for properties to be misused, sold or taken over without resistance,

Underutilization of waqf assets

Most waqf properties generated little or no income, even though they had the potential to support schools, hospitals, and social welfare, instead of benefiting the poor or serving the original religious purpose, many of these properties lay neglected or were used for unauthorized purposes,

Political interference

Appointments to waqf boards and management positions were often influenced by political affiliations, weakening the independence and fairness of the system, the interference reduced community trust and often protected corrupt officials from accountability,

Failure of legal enforcement

Although the waqf act had provisions for protecting waqf property, the legal process was slow and ineffective, court cases related to waqf disputes remained pending for years, and eviction of encroachers was rarely enforced,      

Constitutional framework: Religious freedom in India (in context of the waqf amendment, 2025)

India’s constitution guarantees the rights to religious freedom as a core fundamental right, the waqf (Amendment) act, 2025 has raised constitution concerns because many believe it interferes with these right particularly those provided under articles 25 and 26 of the Indian constitution.

Article 25: Freedom of religion (individual right)

Article 25(1) states that all persons are equally to freedom of conscience and the right to freely profess, practice, and propagate religion. however, this right is not absolute it is subject to public order, morality, health, and other provision of part 111 of the constitution in the case of waqf properties, critics argue that using religious land for “public purposes” or controlling religious institution through state intervention may restrict religious practices or their charitable objectives thus impacting this freedom indirectly.

Article 26: Rights of religious denomination (Group right)

Article 26 give every religious denomination the right to:

• Manage its own affairs in matters of religion (26(b)
• Own and acquire movable and immovable property (26(c0
• Administer such property in accordance with law (26(d0

The waqf amendment Act. 2025 bring increased government supervision power to acquire waqf land, and tighter control over the appointment and removal of mutawallis (property caretakers). many argue that these Provision violate Article 26, as they affect the Muslim community’s ability to administer and manage its religious property independently.

Balance between law and autonomy

While article 26(d) allows the state to regulate waqf administration “in accordance with law,” the courts have held in cases like the Shirur Mutt case (1954) that the state cannot interfere in matters that are “essential to religion” the debate, therefore, is whether managing waqf land is a secular (open to regulation) or an essential religious practice (constitution protected)

Judicial Review of the Waqf Amendment Supreme Court Updates

The waqf (Amendment) Act, 2025 is currently under judicial scrutiny in the Supreme Court of India, where multiple Petition have been filed challenging its constitutional validity. Petitioners, including politicians like Asaduddin Owaisi and several Muslim Organization argue that the amendment violates freedom protected under Articles 25 and 26 of the constitution. In response, the Supreme court has taken a cautious approach. in April 2025, it provided interim protection, staying certain controversial provisions – such as the removal of “waqf by user” properties and the appointment of new members to waqf boards-until a final decision is made. During hearings in May. The court examined key issues including the government’s inclusion of non-Muslim members in waqf boards and the legal validity of acquiring waqf land for public use. the government defended its position, claiming the changes are in line with Islamic principles and public interest. the chief justice emphasized that laws passed by parliament are presumed constitution, and that courts can only interfere in “very strong” cases as of now, the court has reserved its orders, and a final ruling is awaited. This case is being closely watched as it will determine whether the amendment is a necessary reform or an unconstitutional intrusion into religious affairs,

Does the Waqf (Amendment) Act, 2025 protect national interest or violate the Constitution right to religious freedom?

This question lies at the heart of the ongoing debate surrounding the Waqf (Amendment) Act, 2025. Supporters of the Act argue that it aims to bring much- needed transparency. Prevent corruption, and ensure better use of waqf properties for public welfare. they view it as a reform aligned with national interest and good governance. however, critics believe that the amendment interferes with the religious autonomy of the Muslim community, especially the right to manage its own religious institution and endowment under article 26 of the constitution. the inclusion of non-Muslim members on waqf boards, abolition of waqf by user, and the shift of legal powers from waqf tribunals to executive officers raise serious concerns about state overreach. As the matter is now before the supreme court, the key legal challenge is to balance the goals of national development with the fundamental right to religious freedom. the answer to this question will not only determine the fate of the amendment but will also shape the future of secularism and minority rights in India.

Is the inclusion of non-Muslim members in waqf board a step toward transparency or a violation of religious autonomy?

The inclusion of non-Muslim members in the central and state waqf boards has ignited a heated debate over religious autonomy and constitution rights. while the government claims this move promote inclusivity. transparency, and balanced governance, many in the Muslim community view it as a direct interference in their religious affairs. under Article 26 of the constitution, every religious denomination has the right to manage its own religious institution and property without outside interference. critics argue that allowing individuals from other faiths to participate in the administration of waqf properties weakens the community’s control over its own religious and charitable endowments. they see it as a breach of trust and a step that could dilute religious identity. this debate Raise a crucial constitution question: can transparency be ensured without violating the autonomy of religious institution? The supreme court’s interpretation of this issue will play a vital role in defining the limits of state involvement in religious matters.

Digitization of waqf properties: progress or centralization control?

The Waqf (Amendment) Act, 2025 highlight digitization of waqf record as a key reform to ensure better transparency and land management. The idea is to create a centralized digital database of waqf properties, reducing disputes, fraud, and illegal occupation. On paper, this move appears modern and efficient, however, many experts question how the digitization will be implemented, who will control the data, and whether local waqf managers (mutawallis) will be trained to access or update it. Critics argue that instead of empowering the Muslim community, the digital system may shift control away from community bodies and increase government dominance. There are also concerns about data manipulation, especially in political sensitive areas. For digitization to succeed, it must not just be a technical update – it should come with local participation legal protection, and transparency. Without that, the modernization effort may become just another tool for central control over religious institutions.

Conclusion

The Waqf (Amendment) Act, 2025 has sparked a critical debate about the balance between state reform and religious freedom. while the government claims the amendment is a step toward transparency and better management of waqf properties, many view it as an overreach into the religious autonomy of the Muslim community. key concerns include the inclusion of non-Muslim members in waqf boards, the abolition of waqf by user, and the shift of powers to government authorities-raising doubts about whether the act violates articles 25 and 26 of the constitution.

The act’s selective focus on Muslim religious endowments, which leaving others untouched, also questions the principle of equal treatment under the law. with the matter under review by the supreme court, the final verdict will be crucial not only for the Muslim community but for the future of religious rights and secularism in India. it will define how far the state can go in reforming faith-based institutions.

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Author: Meena Khan

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