Draconian Sec 40 to be history, Rijiju blasts UPA in Waqf Bill debate

Union Minority Affairs Minister Kiren Rijiju on Wednesday tabled the Waqf (Amendment) Bill, 2025, in the Lok Sabha, which seeks to improve the functioning of Waqf properties, address complexities, ensure transparency and introduce technology-driven management. While moving the Bill Rijiju said that it has nothing to do with the religious practice of Muslims and it only deals with the properties related to Waqf Boards. He said the government wants to make the Waqf Boards inclusive and secular. Rijiju also claimed the consultation process of the JPC was the largest ever exercise carried out by a parliamentary panel in India's democratic history. The minister said more than 97.27 lakh petitions and memorandums were received by the JPC through physical and online formats and the JPC had gone through each of them before finalising its report. As many as 284 delegations submitted their views on the Bill besides the Waqf boards of 25 states and Union Territories, he said. Legal luminaries, charitable organisations, academicians and religious leaders, among others, also submitted their opinions, Rijiju added.

Hon'ble Union Minister of Parliamentary Affairs & Minority Affairs Shri @KirenRijiju ji moves two bills The Waqf (Amendment) Bill, 2025 & The Mussalman Wakf (Repeal) Bill, 2024 in Lok Sabha for consideration and passing.@MOMAIndia @sansad_tv #Parliament#BudgetSession2025 pic.twitter.com/o1E8iu4rR2

— Office of Kiren Rijiju (@RijijuOffice) April 2, 2025

He said that in the present Act, some provisions were misused to declare any land as Waqf property in the country. He said that during UPA rule in 2013, the amendments were made in the Waqf Act which had an overriding effect on other laws. He said, a total of 123 properties in the national capital were transferred to Delhi Waqf Board during Congress rule. He added that the Joint Parliamentary Committee as well as the government had a wider consultation with the stakeholders while framing the legislation. He questioned that if India has the highest Waqf properties in the world then why are Indian Muslims still poor? "A case going on since 1970 in Delhi involved several properties, including the Parliament building. The Delhi Waqf Board had claimed these... the case was in court but then the UPA denotified 123 properties and gave them to the Waqf Board," the Union Minister said on the 'Parliament to Waqf' charge. 

#WATCH | After introducing the Waqf Amendment Bill in Lok Sabha, Parliamentary Affairs Minister Kiren Rijiju says "In 2013, right before Lok Sabha elections in 2014, there were some steps taken which will raise questions in your mind. In 2013, the act was changed to allow Sikhs,… pic.twitter.com/6LSe1Wg53D

— ANI (@ANI) April 2, 2025

The minister went on to describe as "most draconian" Section 40 of the original Act, which empowers the Waqf Board to investigate and decide whether a property is a Waqf property. Rijiju said there were many instances of the "misuse" of the earlier law, citing the examples of a gurdwara in Haryana which was declared as Waqf, and properties of 600 families in Kerala which were also declared the same. "That is why many organisations, including Christian groups, have sought the act's immediate implementation," he said. The Limitation Act, 1963, will now apply to Waqf property claims, reducing prolonged litigation, he said.
According to the Waqf (Amendment) Bill, Waqf tribunals will be strengthened, a structured selection process will be maintained, and a tenure will be fixed to ensure efficient dispute resolution. As per the Bill, while Waqf institutions' mandatory contribution to Waqf Boards reduced from 7 per cent to 5 per cent, Waqf institutions earning over Rs 1 lakh will undergo audits by state-sponsored auditors. A centralised portal will automate Waqf property management, improving efficiency and transparency. The Bill also proposes that practising Muslims (for at least five years) can dedicate their property to Waqf, restoring pre-2013 rules.
Also, women must receive their inheritance before Waqf declaration, with special provisions for widows, divorced women and orphans. The Bill also proposes that an officer above the rank of collector will investigate government properties claimed as Waqf. In case of disputes, the senior government official will have the final say on whether a property belongs to Waqf or the government. This replaces the existing system where such decisions are made by Waqf tribunals. The Bill also proposes that non-Muslim members will be included in the central and state Waqf boards for inclusivity.