Waqf Act Amendments Spark Widespread Protests in India

The Waqf Act amendments of 2025 have triggered protests, especially in Bihar. The Supreme Court has reserved its verdict on petitions challenging the law. Meanwhile, socio-religious groups and political parties have intensified their opposition. The controversy centres on changes perceived as undermining Muslim religious property rights.

Recent Developments and Protests

Recently, a major rally was held in Patna by Imarat-e-Shariah, a prominent Muslim socio-educational organisation. The event drew large crowds and political leaders, including the Leader of Opposition in Bihar. The group demands the repeal of the amended Waqf Act and restoration of the 1995 version. They cite the Centre’s rejection of over 300 representations as a reason for escalating protests. The organisation plans to expand demonstrations across eastern and western states and possibly organise a nationwide rally in New Delhi.

Key Provisions Challenged in the Amendments

Several changes in the amended Waqf Act have raised objections. The removal of the Waqf by use principle is a major concern. This principle recognised properties used for Muslim religious or charitable purposes as Waqf even without registration. The amendments also propose including non-Muslims in Waqf boards, which opponents argue dilutes religious representation. Another contentious change grants District Collectors authority to declare Waqf properties as government-owned. The application of the Limitation Act restricts the Waqf board’s ability to reclaim properties after a certain period, potentially facilitating encroachment.

Political and Social Context in Bihar

Bihar’s Muslim population, around 17%, has made it a focal point for protests. Opposition parties, especially the Rashtriya Janata Dal (RJD) and Congress, have supported the movement to leverage electoral gains ahead of state polls. Imarat-e-Shariah’s historical presence in Bihar, through initiatives like the Rahmani30 coaching programme, strengthens its grassroots influence. The organisation’s leadership believes that mass mobilisation can pressure the government to reconsider the amendments, citing the repeal of farm laws as precedent.

Legal and Government Responses

The Supreme Court is currently reviewing petitions against the amended Waqf Act. The government has temporarily paused certain controversial provisions, including the removal of Waqf by use and the inclusion of non-Muslims on Waqf boards. However, the Centre maintains that the amendments aim to improve transparency and management of Waqf properties. The ongoing legal and political tussle reflects wider debates on minority rights, property laws, and federal governance in India.

Future Prospects and Mobilisation

Following the successful Patna rally, Imarat-e-Shariah plans to strengthen district-level protests in Bihar, West Bengal, Jharkhand, and Odisha. It also seeks alliances with similar organisations in Uttar Pradesh, Maharashtra, and other states. The possibility of a large-scale national rally is under consideration. The movement marks the continuing role of religious and political organisations in shaping policy debates in India.

Questions for UPSC:

1. Taking example of the Waqf Act amendments, discuss the challenges of balancing minority rights and state regulation in India’s legal framework.
2. Analyse the role of socio-religious organisations in influencing electoral politics in states like Bihar and their impact on communal harmony.
3. Critically discuss the significance of property laws in protecting religious endowments and the implications of government intervention in their management.
4. Examine the function of the Supreme Court in adjudicating disputes involving religious laws and state legislation with suitable examples from India.

Answer Hints:

1. Taking example of the Waqf Act amendments, discuss the challenges of balancing minority rights and state regulation in India’s legal framework.

1. Minority rights include protection of religious practices and properties (e.g., Waqf properties for Muslims).
2. State regulation aims to ensure transparency, prevent misuse, and manage properties effectively.
3. Amendments like removing Waqf by use and including non-Muslims on Waqf boards seen as intrusive by minorities.
4. Legal challenges arise when state actions are perceived to dilute minority autonomy or religious identity.
5. Balancing requires respecting religious sentiments while enforcing laws for public interest and accountability.
6. Judicial review (Supreme Court) plays important role in maintaining this balance amid political and social pressures.

2. Analyse the role of socio-religious organisations in influencing electoral politics in states like Bihar and their impact on communal harmony.

1. Organisations like Imarat-e-Shariah mobilise community support on religious and social issues.
2. They influence voting patterns by aligning with political parties (e.g., RJD in Bihar) for mutual benefit.
3. Such mobilisation can strengthen minority political voice and representation.
4. However, politicisation of religious issues may heighten communal tensions and polarisation.
5. Large rallies and protests serve as platforms to show grievances and assert identity.
6. Impact on communal harmony depends on leadership approach and political narratives used.

3. Critically discuss the significance of property laws in protecting religious endowments and the implications of government intervention in their management.

1. Religious endowments (Waqf, temples, churches) preserve heritage and fund community welfare.
2. Property laws safeguard ownership, prevent encroachment, and ensure proper utilisation.
3. Government intervention aims to improve transparency, curb corruption, and manage assets efficiently.
4. Excessive control risks undermining religious autonomy and community trust.
5. Legal provisions like Limitation Act can restrict reclaiming rights, affecting protection against encroachment.
6. Balanced regulation is needed to respect religious rights while preventing misuse or mismanagement.

4. Examine the function of the Supreme Court in adjudicating disputes involving religious laws and state legislation with suitable examples from India.

1. Supreme Court interprets constitutional provisions balancing religious freedom and state interests.
2. It adjudicates on conflicts between personal laws/religious practices and secular laws (e.g., Waqf Act challenges).
3. Judgments often set precedents on minority rights, secularism, and federalism.
4. Examples include Shah Bano case (maintenance law), Sabarimala verdict (temple entry), and current Waqf Act petitions.
5. Court ensures laws comply with fundamental rights and constitutional morality.
6. Its role is crucial in resolving sensitive issues fairly and maintaining social harmony.