Waqf Amendment Bill Is Prospective, Not Retrospective: Union Minister Kiren Rijiju

The Waqf (Amendment) Bill 2025 is prospective in nature and will not have any retrospective effect, said Kiren Rijiju, Union Minister for Minority Affairs, in the Lok Sabha today during the discussion on the Bill.

Rijiju said that he has come across many rumours that due to the removal of the 'waqf by user' provision, many properties belonging to Masjids, Dargahs etc., will be confiscated. In this regard, he stated that those properties which have been registered will not be affected at all. "This law is prospective, not retrospective. Please understand this clearly. This law is not to take away anyone's property. This is not to take away anyone's rights," he said.

Rijiju said that the Bill has a provision that existing waqf-by-user properties, registered on or before the commencement of the Waqf (Amendment) Bill 2025, will remain as waqf-by-user properties except those properties which are in dispute with the government.

Disputes pending in Courts regarding Waqf properties will not be affected by the Bill. "If disputes are pending in Courts, how can we remove them by making laws? We can't usurp the power of the Courts" Rijiju asked.

No attempt to take away properties

He said that the Bill does not interfere with any religious practice of the Muslim community and was only related to the management of properties. The Bill is not an attempt to confiscate any Muslim religious properties, be it Masjids or dargahs, and was only seeking to provide for better management of the Waqf properties.

Bill removes draconian provisions

Rijiju also said that the Bill proposes to remove Section 40 of the Waqf Act, which he called a "draconian provision" since it empowered the Waqf Board to declare any property as Waqf land. He said that the misuse of Section 40 has led to several issues in the country.  There are instances of properties belonging to Hindu temples, Sikh Gurudwaras, Christian families, ordinary farmers etc., being declared as Waqf lands, Rijiju said.

Regarding the proposal to include non-Muslims in Waqf Boards, Rijiju said that the Board is only a statutory authority to deal with properties, and hence nobody can insist that only Muslims should be its members. Can anyone claim that the Charity Commissioners appointed by the Governments to oversee trust properties should belong to their caste or religion? he asked.

The Bill also has a provision that a person creating Waqf cannot affect the inheritance rights of women and children in his family. Rijiju claimed that this was a "big reform" brought by the Bill. Also, the Bill proposes to include women members in the Waqf Boards.

Rijiju elaborated on the other provisions of the Bill as follows :

The Bill proposes to make the Limitation Act 1963 applicable to Wakf properties from the commencement of the Amendment Act with an aim to reduce prolonged litigations.

Accepting the report of the Joint Parliamentary Committee, the Bill now proposes that an authority higher than the District Collector, as notified by the State Government, will decide disputes regarding encroachment of government properties by the Waqf lands. Also, the Bill prohibits the creation of Waqf lands in areas covered by Schedule V and Schedule VI of the Constitution to protect tribal rights.

Also, though the initial Bill proposed that the Waqf Tribunal would have only two members, accepting the JPC recommendation, the Bill now retains the composition of three members in the Tribunal.

The Bill also proposes to allow appeals to the High Court from the decisions of Waqf Tribunals. Presently, there is no appeal provision against a decision of the Waqf Tribunal as the High Court has only been given a narrow revisional power.  

Congress MP Gaurav Gogoi opposed the Bill as an attack on the fundamental rights guaranteed by the Constitution, including the right to freedom of religion. He questioned why the 'waqf-by-user' provision is removed when it has been recognized by Courts. Even the present Act has a provision for the inclusion of women in the Waqf Board. The 1995 law in fact stated that more than 2 women can be appointed but now, the 2024 Bill has limited the inclusion to only 2 women.

He said that the Bill would affect many ancient Waqf properties, including graveyards, which have been in existence since time immemorial and have no documents. "This Bill is against the unity of the nation, the dignity of minorities, peace and harmony," he said. Gogoi alleged that the Bill was a part of the ongoing attempt of the Government to spread fear among the minorities and to create divisions within the society.

"This Bill is an attack on the foundation of the Constitution... With this Bill, the government is attempting to dilute the Constitution, defame and disenfranchise the minority community, and create division," he said.

The discussion on the Bill is ongoing in the Lok Sabha. Live updates can be read here.