Introduction
As if the so-called ‘bulldozer justice’ drive was not enough to dispossess the Indian Muslims of their rightful properties, the Modi-led Bharatiya Janata Party (BJP) has introduced yet another draconian legislation concerning the Waqf properties endowed for religious and charitable purposes under the Muslim Personal Law. Renaming the parent Act as United Waqf Management, Empowerment, Efficiency, and Development Act 1995, the legislation is ironically being referred to as Umeed (hope) for Muslims by some BJP leaders. However, an analysis of its text illustrates that going beyond violating the constitutional guarantees of equality, religious freedom, and the right to manage religious affairs available for the minorities in Articles 14, 15, 25, 26, and 30 of the Indian Constitution, the legislation is a fresh attempt to further disenfranchise Muslims of India apart from peeling off the Muslim identity in the country.
The Legislation: An Overview
The recent development is an amendment to the Waqf Act, 1995, of the Indian Constitution —the parent Act overseeing the administration of waqf properties across the country. Upon winning the third successive term, the BJP government had presented this Bill in August 2024. However, it was referred to a Joint Parliamentary Committee (JPC) after sharp criticism from Parliament and the public. The JPC cleared the Bill for further parliamentary process in January 2025 while its meetings were mostly boycotted by the members from the opposition benches. The Lok Sabha (lower house) passed the Bill with a simple majority of 288-232, while in Rajya Sabha (upper house), it secured 128-95 votes. Later, the Bill became law after the President’s formal approval.
