Waqf Amendment Bill 2025 (UMEED Bill): Key Reforms, Provisions & Criticisms

A Waqf is a permanent dedication of property — typically by a Muslim individual — for religious, charitable, or community purposes. Once designated, Waqf property cannot be reclaimed, inherited, or sold, and its ownership is considered to belong to God. However, its benefits must serve the designated cause — be it a mosque, orphanage, school, or public utility.

Key Characteristics of Waqf:

• Voluntary Dedication: Created via a deed, will, or even oral declaration
• Irrevocable in Nature: The property, once Waqf, cannot revert to the donor
• Perpetual Use: Long-term religious or charitable use defines its legitimacy
• Legally Protected: Governed by specific laws like the Waqf Act, 1995

India maintains one of the largest Waqf infrastructures globally. These properties are managed by State and Central Waqf Boards, making them pivotal actors in land management and minority welfare.

The concept of Waqf in India dates back to the Delhi Sultanate, when rulers like Sultan Muizuddin Sam Ghaor allocated land for religious institutions. Over centuries, Islamic dynasties expanded Waqf holdings, embedding them deeply into India’s socio-religious fabric.

Despite these frameworks, issues like encroachments, mismanagement, and opaque registrations persisted — prompting calls for modernization that culminated in the UMEED Bill 2025.

The Waqf Amendment Bill 2025 (UMEED) was tabled to resolve chronic inefficiencies and criticisms tied to the existing Waqf law.

Key Reasons for Reform:

• Digitization & Transparency: Reduce manual manipulation through centralized registration
• Conflict Prevention: Address ambiguities like the controversial ‘Waqf by User’ clause
• Inclusive Governance: Bring external accountability by adding non-Muslim members to boards
• Legal Clarity: Remove overlapping jurisdictions and safeguard tribal & inherited land

The government emphasizes that these reforms will empower Waqf institutions, not weaken them — though this remains a matter of public debate.

The UMEED Bill 2025 introduces landmark reforms aimed at improving governance, enhancing inclusivity, and preventing misuse of Waqf assets:

1. Inclusive Governance:

• Non-Muslim Representation: For the first time, non-Muslims will serve on Central and State Waqf Boards
• Gender Inclusivity: Provisions open up board positions to women and underrepresented voices

2. Legal and Property Reforms:

• Abolition of ‘Waqf by User’: Long-standing use can no longer automatically make property Waqf
• Scrapping of Section 40: Removes Waqf Board authority to unilaterally declare any land as Waqf
• Inheritance Protection: Property cannot be declared Waqf until all rightful inheritance claims (especially of women and orphans) are settled
• Schedule V & VI Protections: Tribal lands explicitly protected from being declared Waqf

3. Structural and Judicial Revisions:

• Waqf Tribunal: Retains 3-member structure (JPC recommendation)
• Dispute Resolution: Senior officer (above Collector rank) decides government-land disputes
• Right to Appeal: Parties can appeal tribunal decisions to High Court

4. Digital and Financial Reforms:

• Mandatory Digital Registration: All properties must be uploaded to centralized portal within 6 months
• Audit Requirements: Institutions earning over ₹1 lakh annually must undergo mandatory financial audits
• Reduced Board Contribution: Reduced from 7% to 5%, freeing up funds for charitable work

The reforms introduced by the UMEED Bill are designed to address long-standing concerns about Waqf governance:

🔍 Transparency and Digitisation:

• Centralised property data reduces chances of mismanagement or illegal sales
• Mandatory audits increase financial accountability

⚖️ Legal Clarity:

• Clear exclusions for tribal lands and inheritance safeguard rights
• Removal of vague provisions like Section 40 and ‘Waqf by user’ prevents legal overreach

👥 Enhanced Representation:

• Board reforms open space for women and non-Muslims, increasing public trust
• Reduces insularity in decision-making

🏛️ Reduced Government Overlap:

• Dispute resolutions streamlined via senior officials, avoiding tribunal overload

Despite its forward-looking goals, the UMEED Bill has sparked significant controversy, especially within sections of the Muslim community and legal experts:

🕌 Religious Autonomy Under Threat?

• Critics argue that provisions like non-Muslim board members and government-led dispute resolution infringe on Articles 25 and 26 of the Constitution, which protect religious freedom and management of religious affairs

👥 Community Exclusion:

• Allegations that stakeholders were not consulted adequately during the drafting process

⚖️ Tribunal Power Dilution:

• Replacing Waqf Tribunal authority with government officials could politicize property disputes

📜 Ambiguity Around ‘Waqf by User’ Removal:

• May threaten historically significant religious sites that lack documentation but have been used for generations