Indian Parliament Approves Bill to Modify Laws Governing Muslim Waqf Properties
Amid protests from Muslim groups and opposition parties, India’s parliament has approved a contentious bill put forward by Prime Minister Narendra Modi’s Hindu nationalist administration. The bill seeks to revise the laws governing Muslim land endowments known as waqfs.
The legislation proposes including non-Muslims on the boards managing waqf lands and granting the government greater authority in validating these land holdings. The government claims these changes will combat corruption and mismanagement while fostering diversity. However, critics worry that the bill will further erode the rights of India’s Muslim minority and could be used to seize historic mosques and other properties.
The bill sparked intense debate in both houses of parliament. The Lower House debated the bill from Wednesday into early Thursday, while the Upper House saw over 16 hours of heated discussion extending into early Friday.
The Congress-led opposition strongly opposed the bill, deeming it unconstitutional. Although Modi’s Bharatiya Janata Party lacks a majority in the Lower House, it secured passage of the bill with the support of its allies.
In the Lower House, 288 members voted in favor of the bill, while 232 opposed it. Similarly, the Upper House saw 128 votes in favor and 95 against. The bill will now go to President Droupadi Murmu for her approval to become law.
Minority Affairs Minister Kiren Rijiju introduced the bill to amend the 1995 law that established rules for waqf foundations and created state-level boards to administer them.
Numerous Muslim groups and opposition parties denounce the proposal as discriminatory, politically motivated, and an attempt by Modi’s party to weaken minority rights.
The bill was initially presented in parliament last year, and opposition leaders claim that subsequent proposals were disregarded. The government accuses opposition parties of spreading rumors to discredit them and obstructing transparency in the management of endowments.
Waqfs are traditional Islamic charitable foundations where donors permanently allocate property, typically real estate, for religious or charitable purposes. Waqf properties are not subject to sale or transfer.
Indian waqfs control 872,000 properties encompassing 405,000 hectares (1 million acres) of land, valued at approximately $14.22 billion. Some of these endowments date back centuries and are used for mosques, seminaries, graveyards, and orphanages.
In India, semi-official boards, one for each state and federally run union territory, manage waqf property. The revised law would mandate the appointment of non-Muslims to these boards.
Currently, waqf boards are staffed by Muslims, similar to other bodies that oversee religious charities.
During the debate, Home Minister Amit Shah stated that non-Muslims would be included on waqf boards solely for administrative purposes, ensuring the smooth operation of the endowments, and not to interfere in religious matters.
“The (non-Muslim) members will monitor whether the administration is running as per law or not, and whether the donations are being used for what they were intended or not,” he clarified.
Muslim groups like the All India Muslim Personal Law Board contend that such appointments contradict the fundamental principles of Islamic endowments, which require governance by Muslims. The board characterized the bill as “a blatant infringement on the constitutional rights of Muslim citizens” and urged citizens to protest.
Congress president Mallikarjun Kharge questioned the rationale behind including non-Muslims in waqf bodies when Hindu temple trusts exclude people of other faiths.
A particularly contentious aspect involves ownership rules, potentially affecting historical mosques, shrines, and graveyards. Many such properties lack formal documentation due to donations made without legal records decades or even centuries ago.
Further changes could impact mosques situated on land held within centuries-old waqfs.
Radical Hindu groups have asserted claims over several mosques across India, alleging that they are built upon the ruins of significant Hindu temples. Many of these cases are currently under judicial review.
The legislation would require waqf boards to obtain approval from a district-level officer to validate their property claims.
Critics argue this would weaken the board and could lead to the dispossession of Muslims from their land. The frequency with which boards would be required to confirm such claims remains unclear.
“The Waqf (Amendment) Bill is a weapon aimed at marginalizing Muslims and usurping their personal laws and property rights,” stated Rahul Gandhi, a leading opposition figure, on social media platform X. He described the bill as an “attack on the Constitution” by the BJP and its allies, “aimed at Muslims today but sets a precedent to target other communities in the future.”
While acknowledging issues of corruption, encroachment, and mismanagement within waqfs, many Muslims fear the new law could grant the Hindu nationalist government greater control over Muslim property. This concern is heightened amidst increased attacks against minority communities under Modi’s leadership, with Muslims frequently targeted based on their food, clothing, and inter-religious marriages.
Last month, the U.S. Commission on International Religious Freedom reported that religious freedom conditions in India continued to worsen. The commission also noted that Modi and his party “propagated hateful rhetoric and disinformation against Muslims and other religious minorities” during the previous year’s election campaign.
Modi’s government maintains that India adheres to democratic principles of equality and that no discrimination exists within the country.
Muslims, comprising 14% of India’s 1.4 billion population, constitute the largest minority group in the Hindu-majority nation but also represent the poorest segment, according to a 2013 government survey.