The Waqf (Amendment) Bill 2025, aptly designated as the UMEED Act, marks a legislative milestone in addressing systemic flaws within India's Waqf regime. More than a mere amendment, this enactment—passed by both Houses of Parliament—represents a paradigm shift.
It is rooted in India's constitutional framework, fortified by Supreme Court dicta, and driven by Prime Minister Narendra Modi's resolute commitment to tackling societal and national challenges. Promising equity, transparency, and transformation, the Act addresses encroachments on over 58,000 properties and 13,000 pending litigations.
While some MPs and Senior Advocates claim it violates Articles 14, 15, and 26 and unfairly targets Muslims, as a practising senior advocate, my opinion is that this bill's legal foundation is sound. Waqf management is an administrative task, not a religious ceremony. This Act safeguards Muslim rights and offers tangible benefits to the community through efficient governance and resource management to help the community.
Restoring Justice, Not Breaching Equality
Imagine your ancestral property—rich in sentimental and economic value—stripped away without due process. Under Section 40 of the Waqf Act, 1995, Waqf Boards wielded unchecked power to claim properties without justification, flouting natural justice and clogging judicial dockets—a flaw highlighted by the Sachar Committee (2006). The 2025 Act abolishes Section 40 and transfers adjudicatory powers to District Collectors with a 90-day appeal window in High Courts.
Home Minister Amit Shah aptly corrected an opposition MP during the debate that the new statutory appeal provision has been inserted by clause 35(9) of the bill, which replaces arbitrary assertions with legal adjudication, aligning with Article 14's equality and Article 32's remedies. Critics argue this breaches Article 14 by singling out Waqf properties—over 58,000 of which are encroached. However, in State of Kerala v. N.M. Thomas (1976), the Supreme Court held that equality permits tailored measures for unique needs. Collectors, bound by Articles 265 and 300A (protection against property deprivation), with High Court oversight, ensure justice without disparity, upholding constitutional rigour.
Empowering Communities, Not Undermining Them
Claims that the Act undermines Muslims by altering Waqf's inalienable status are unfounded. It addresses encroachments—impacting over 58,000 properties—and mismanagement, with 13,000 properties in litigation. This delivers benefits to disadvantaged groups, as urged by the Sachar Committee.
Judicial precedents, including Sardar Syedna Taher Saifuddin Saheb v. State of Bombay (1962), affirm that governance is not worship. The 1995 Act's lack of a limitation period left over 13,000 properties in limbo. The 2025 Act caps claims at 12 years under the Limitation Act, 1963, per Article 300A and Article 37, liberating 9.4 lakh acres of land of about Rs1.2 lakh crore, which can be utilised for education and healthcare—a hallmark of empowerment for deprived sections of the Muslim community.
Democratising Governance, Not Discrimination
The inclusion of non-Muslims on Waqf Boards (e.g., two of 11 members) and the focus on Waqf properties have been criticized as discriminatory under Article 15. However, this argument fails scrutiny. Article 15 prohibits bias solely on religious grounds. This Act governs property administration, which is a secular task.
In S.R. Bommai v. Union of India (1994), the Supreme Court sanctioned state oversight of religious institutions' temporal affairs, ensuring impartiality without infringing Muslim religious freedoms. Historically, Waqf Boards were patriarchal, with only 2% female representation (Sachar, 2006), skewing benefits to elites. The Act mandates two Muslim women per Board, in line with Article 15(3) and Article 16(2), democratizing governance and curbing inequity—a reform rooted in fairness, not discrimination.
Objections under Article 26 cite government oversight and the five-year Islam practice rule as assaults on religious autonomy. These claims collapse under legal analysis. Waqf management—records, disputes, finances—is not a religious rite. In Raja Bira Kishore Deb v. State of Orissa (1964), the Supreme Court allowed state regulation of secular endowment aspects if faith remains intact. Similarly, in Durgah Committee, Ajmer v. Syed Hussain Ali (1961), the Court held that managing land or funds lacks sanctity, permitting intervention for public welfare. The five-year rule ensures genuine dedications, preserving Waqf's pious intent.
Ending Litigation Quagmires
The legal quagmire of perpetual disputes—over 13,000 properties languishing—stymied welfare under the 1995 Act. The 2025 Act's 12-year cap will likely decongest courts, clarify titles, and stimulate economic activity, ensuring Waqf's 9.4 lakh acres serve the community. This addresses a real crisis without undermining rights—a reform bolstered by judicial precedent.
The 1995 Act destabilized families, with Waqf claims disenfranchising heirs. The 2025 Act prioritizes heirs' rights, particularly for women and minors, under Article 21 and Article 300A. This echoes Prime Minister Modi's gender equity reforms, such as Triple Talaq, averting dispossession and fortifying social cohesion.
Laxity in the prior regime diverted Waqf funds to private coffers. The Act stipulates that only those practising Islam for five years may constitute a Waqf, a criterion rooted in Article 14's reasonable classification. This channels resources to upliftment and curbs misappropriation—an equilibrium of integrity.
Harnessing Transparency Through Technology
Waqf's 9.4 lakh acres suffered opacity—60% undocumented (CAG, 2021)—entailing huge losses. The Act mandates a digital registry, audited accounts, and streamlined administration, underpinned by Article 39A and Article 41 reflects PM Modi's Digital India initiative, restoring Waqf's capacity for public good.
Waqf Boards encroached on public assets, spawning over 150 disputes (Ministry of Minority Affairs, 2024). The Act precludes this under Articles 300A and 31A, refocusing Waqf on community needs and national infrastructure. This Act aligns with constitutional tenets, affirming its specificity, secular oversight, and preservation of minority rights.
The Waqf Amendment Act, i.e., The UMEED Act, delivers a functional Waqf and national prosperity. Under Prime Minister Modi's visionary leadership, this legislative endeavour emerges as a beacon of empowerment for the Muslim community, securing their welfare with unwavering equity while simultaneously advancing the nation's collective prosperity—a testament to the symbiotic flourishing of a people and their patria.
(The writer is a Senior Advocate practising in the Supreme Court of India)
Disclaimer: These are the personal opinions of the author
