What Does India’s New Waqf Bill Entail? – OpEd
In a move that has sparked widespread outrage within India’s Muslim community, the Indian Parliament has passed a controversial law repealing the Waqf Act of 1995 and replacing it with a new framework that significantly reduces Muslim representation in the administration of their own religious endowments. The legislation marks a drastic departure from established norms, allowing non-Muslims to dominate the Central Waqf Council and the State Waqf Boards—institutions historically responsible for managing Muslim religious properties and institutions.
Under the new law, out of the 22 members of the Central Waqf Council, 12 must now be non-Muslim. Similarly, State Waqf Boards—previously governed entirely by Muslim members—are now mandated to have 7 non-Muslims among their 11 members. Even within the remaining four Muslim members, two must be women, further reducing the overall influence of Muslim men in Waqf administration.
Most critically, the power to appoint all board members and chairpersons has now been concentrated in the hands of the central government, effectively sidelining the Muslim community from decision-making over its own religious affairs. This restructuring of the Waqf governance system is being viewed by many scholars and community leaders as a blatant attempt to erode Muslim autonomy under the guise of administrative reform. The Waqf system, which dates back centuries, serves as a religious and charitable institution whereby Muslims donate land or property for community welfare, religious education, and spiritual purposes. It is one of the most critical socio-religious structures within Islamic tradition, managing thousands of mosques, schools, graveyards, and community centers across India.
What makes this new law even more ironic is the double standard it reveals. In Jammu and Kashmir, for example, the Governor of the Union Territory also serves as the chairman of the Vaishno Devi Shrine Board and the Amarnath Shrine Board—two prominent Hindu religious bodies. According to the acts governing these shrine boards, only a Hindu can serve as chairman. This legal prerequisite ensures that no non-Hindu, regardless of qualification or administrative experience, can assume leadership of Hindu religious institutions. However, in the case of Muslim institutions, this standard is being flagrantly disregarded. A Muslim is disqualified from heading Hindu boards, but non-Muslims are now being handed control of Muslim Waqf institutions. This glaring hypocrisy underscores the systemic discrimination embedded in India’s current legal and political framework.
The implications of this law are far-reaching. It not only undermines the community’s right to manage its own religious and charitable endowments, but also threatens to dilute the spiritual and cultural fabric of Muslim identity in India. Waqf properties, often donated by devout individuals over generations, now risk being mismanaged, repurposed, or commercialized by those who neither understand nor respect the religious values associated with them. Legal experts argue that the new law may even be unconstitutional. Articles 25 to 28 of the Indian Constitution guarantee the right to freely profess, practice, and manage religious affairs. By empowering non-Muslims to govern Waqf institutions, the law arguably infringes upon these fundamental rights.
Politically, this law is consistent with a broader pattern of majoritarianism seen under the current BJP-led government. From the revocation of Article 370 in Jammu and Kashmir to the Citizenship Amendment Act and the bulldozing of Muslim homes in various states, India’s Muslim community has been subjected to an escalating campaign of legal, social, and political marginalization. The Waqf Bill is merely the latest instrument in this strategy. Community organizations and civil society groups have strongly condemned the bill, warning that it sets a dangerous precedent for state interference in religious matters. Protests have erupted in various parts of the country, with leaders demanding the repeal of the law and restoration of Muslim authority over Waqf institutions.
International human rights bodies have also begun to take note of the situation, raising concerns about India’s commitment to religious freedom and minority rights. If the law remains in place, it could attract increased global scrutiny, further damaging India’s democratic credentials. In essence, the new Waqf Bill is not just a legislative amendment—it is a direct assault on the religious freedom, cultural heritage, and constitutional rights of India’s 200-million-strong Muslim population. It dismantles a centuries-old institution of community welfare and spiritual continuity and replaces it with a mechanism of state control designed to marginalize, suppress, and silence. Unless challenged and repealed, this law threatens to become yet another milestone in the systematic erosion of minority rights in the world’s largest democracy.
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