Old Waqf Dead? | New Umeed Act - Hope For Muslims? | Akash Banerjee & Adwaith

Summary

The Waqf Amendment Bill (UMEED) passed in India’s Parliament has sparked significant debate. Aimed at reforming the management of Waqf properties, the bill addresses corruption and mismanagement while raising concerns over land grabs, documentation issues, and government control. While the Modi government argues that the bill will benefit poor Muslims, especially women, and improve property management, opposition parties fear it could displace religious sites and cause polarization. Legal challenges are expected, with critics questioning the bill’s potential misuse and its long-term impact on India’s Muslim community and property rights.

Takeaways

• 😀 The Waft Amendment Bill, passed in both Lok Sabha and Rajya Sabha in April 2025, aims to reform the management of Waqf properties in India under a new law called UMEED.
• 😀 The Waqf system in India, which involves managing land for religious or charitable purposes, has faced significant mismanagement and corruption over the years, with allegations of land grabbing and low income generation.
• 😀 The government argues that the UMEED Bill is necessary to improve the management and use of Waqf properties, with the goal of benefiting the poor, especially Muslim communities.
• 😀 Key reforms in the UMEED Bill include changes to the Waqf by user provision, allowing the government to control land claims and removing the controversial Section 40 of the old Waqf Act.
• 😀 The Bill introduces a new process for determining Waqf properties, with district collectors conducting surveys instead of the Waqf Board making decisions unilaterally.
• 😀 The opposition has criticized the Bill for potentially creating a system that makes it difficult to challenge the government's control over Waqf properties, particularly older and disputed ones.
• 😀 The government has emphasized the importance of digitizing Waqf properties and implementing a new portal to increase transparency and efficiency, but the opposition argues this is a tactic to distract from existing issues.
• 😀 One of the major concerns raised by the opposition is the limitation law, which could legalize encroachments on Waqf land if disputes are not resolved within 12 years.
• 😀 The Bill proposes to include non-Muslims in the Waqf boards, which has sparked debates about religious representation and fairness in the management of religious properties.
• 😀 While the government claims that the Bill will empower Muslim women and help the underprivileged, critics argue that it could be used as a political tool to benefit specific groups, raising questions about its long-term impact on Indian society.

Q & A

What is the Waqf Amendment Bill, and why is it significant?

The Waqf Amendment Bill, now known as UMEED, aims to reform the management of Waqf properties in India. It seeks to address the inefficiency, mismanagement, and corruption within Waqf Boards. The bill introduces measures like better registration, transparency, and the ability to appeal Waqf Tribunal decisions to the High Court, aiming to improve the management of over 9 lakh acres of Waqf land.

What are the key changes introduced in the Waqf Amendment Bill?

The key changes include removing the 'Waqf by User' provision, eliminating Section 40, which allowed Waqf boards to unilaterally declare land as Waqf, and introducing a portal for transparent registration of Waqf properties. Additionally, the bill allows appeals from Waqf Tribunal decisions to the High Court and introduces a limitation law to prevent disputes from dragging on indefinitely.

Why did the BJP government feel the need for this amendment?

The BJP government believes the amendment is necessary to modernize the Waqf system, address corruption, and improve the income generation from Waqf properties, which have been poorly managed over the years. They argue that better management could lead to greater benefits for the poor Muslim community, particularly in areas like education, healthcare, and social welfare.

What is the opposition's main argument against the Waqf Amendment Bill?

The opposition argues that the bill grants too much control to the government over religious properties and could lead to land grabs. They also raise concerns about the independence of the new survey process and the potential for increased litigation over disputed Waqf properties. Some argue that the bill might be used to polarize society and undermine Muslim religious autonomy.

What concerns does the opposition have about the Waqf by User provision?

The opposition fears that removing the Waqf by User provision, which allowed land to be declared Waqf based on long-standing use, could lead to unnecessary litigation and disputes over properties with no clear documentation. They argue that many old properties, such as mosques and burial grounds, may lack the necessary records to prove their status, which could lead to complications in the registration process.

How does the new bill address the issue of land disputes related to Waqf properties?

The bill introduces a system where the district collector will conduct surveys to determine whether land is Waqf property. If there is a dispute, the decision of the Waqf Tribunal can now be appealed in the High Court, ensuring greater transparency and fairness in resolving land-related issues.

What are the provisions for Muslim women in the new Waqf Amendment Bill?

The new bill includes provisions to benefit Muslim women, particularly in terms of inheritance rights. It also ensures that there will be representation of Muslim women in the Waqf Council, addressing concerns about gender equity in the management of Waqf properties.

What does the government say about the financial management of Waqf properties?

The government argues that Waqf boards have failed to manage their properties effectively, leading to low income generation despite holding vast land holdings. The government believes that better management and modernization of the system could generate significant income and help uplift the socio-economic status of the Muslim community.

What is the opposition's stance on the government’s claims of better management of Waqf properties?

The opposition contests the government's claims, suggesting that if the Waqf boards had been mismanaged, it was due to previous governmental neglect and encroachment. They argue that the government's plan does not address the core issues of land encroachment and that the proposed changes could result in more control being vested in the hands of the government, leading to further politicization of the issue.

What legal challenges are expected regarding the Waqf Amendment Bill?

The bill is likely to be challenged in the Supreme Court, particularly on the grounds that it may violate religious freedoms under Article 26 of the Constitution, which guarantees the right of religious communities to manage their affairs. The opposition has also raised concerns about the potential for the bill to be misused to seize land and limit the rights of Muslim communities.