After LS nod, Govt tables Waqf Bill in Rajya Sabha

New Delhi, Apr 3: Union Minority Affairs Minister Kiren Rijiju Thursday rejected the opposition’s allegations that the rights of Muslims were being snatched away.

Tabling the Waqf (Amendment) Bill, 2025, in the Rajya Sabha, he also clarified that the “inclusive” legislation aims to empower Muslim women and protect the rights of all Muslim sects.

Some of the opposition MPs in the Upper House were wearing black as a mark of protest against the bill.

The Lok Sabha passed the bill with a 288-232 vote in the early hours of Thursday after over 12 hours of debate.

In the Rajya Sabha, Rijiju emphasised that the bill aims to usher in transparency, accountability and efficiency in the management of Waqf properties, asserting that only a Muslim can become a ‘Waqif’ and said the question of the majority of members on the Central Waqf Council being non-Muslims does not arise.

Tabling the bill in the Upper House, which was examined and redrafted by a Joint Parliamentary Committee (JPC), Rijiju said the proposed legislation has nothing to do with religion, but deals only with properties.

The minister informed the House that there were 4.9 lakh Waqf properties in 2004, which has now increased to 8.72 lakh.

Seeking the opposition’s support to pass the bill, Rijiju said it aims to accomplish the unfulfilled tasks of the previous governments.

He also said Waqf owns the most significant chunk of properties in the country, leaving aside those owned by Defence and Railways.

“It has been said here that Muslims will be harmed by the step we are taking. Many people said this is unconstitutional, illegal and the right of Muslims is being snatched away… Very categorically, I want to reject all these allegations,” Rijiju said.

Speaking on ‘Waqf by User’, the Minority Affairs Minister said properties already registered with proper documentation will not be dealt with retrospectively.

“In Waqf By User, the properties already registered and cases that have already been settled, we won’t go prospectively and deal with that. It would be with a prospective effect.

“However, if there is any disputed land or any matter that is sub judice, then we cannot do away with the right of the courts. So all the Waqf properties that are registered with proper documentation will remain so,” Rijiju said.

He stressed that the entire exercise was aimed at bringing in the three pillars of transparency, accountability and efficiency.

“We are not here to damage anybody’s religious affiliation,” Rijiju said.

Citing a previous court judgment, the minister said it makes it clear that Waqf is a statutory body and not a representative body of Muslims.

“In the amendment, we have made it clear that any person practising Islam for more than five years can dedicate properties to Waqf. There is no iota of doubt in who can create Waqf,” he said.

“The new provisions that we have brought in are that all the recognised sects of Muslims will constitute the Waqf Board — there will be Shias, there will be Sunnis and other backward classes will also be there in the Waqf Board as members so that the interests of all would be taken into account and I don’t think there should be any opposition to that. We are making it so inclusive,” Rijiju informed.

He said out of 22 members in the Central Waqf Council, not more than four will be non-Muslims including ex-officio members, besides three members of Parliament who can be of any religion. The Council must include two women members, he added.

The question of the majority being non-Muslims does not arise, he reiterated.

“If we develop a Waqf property properly in the next few years, Muslims will prosper,” said the minister, appealing to the members in the Upper House to engage in a productive discussion and extend support to the bill.

Rijiju said 31,999 cases are pending in the Waqf Tribunal and more than 14,000 litigants are Muslims, adding that the right to appeal has also been added.

“We have not done this for any personal gain,” said the minister, as he emphasised that the intent behind the proposed legislation was to put an end to the malpractices of people grabbing other people’s property.

“We should not say anything which creates a furore or gives rise to a conflict,” Rijiju said, urging members to share perspectives on the bill in a manner that enhances the quality of the debate.

He expressed the hope that all members would extend support to the proposed legislation.

UNCONSTITUTIONAL, AIMED AT TARGETING MUSLIMS: OPPOSITION

INDIA bloc parties opposed the Waqf Amendment Bill in the Rajya Sabha, alleging that it was “unconstitutional” and aimed at targeting Muslims.

Leaders of several opposition parties including the Congress, TMC, DMK, AAP, Shiv Sena (UBT), Samajwadi Party, RJD, and Left parties also alleged that the Bill was brought by the government with a malafide intentions.

Leader of the House and BJP leader J P Nadda, however, said the Bill is not against Muslims and claimed that it is aimed at helping the poor and protecting the rights of Muslim women.

Nadda also accused the Congress of making Muslim women second-grade citizens during its rule, and said the Modi government brought Muslim women into the mainstream by banning the practice of triple talaq.

“We believe in real service not lip service…I stand in support of the (Waqf) Bill as its sole purpose is to bring reforms in managing the Waqf properties,” Nadda said, emphasizing that the current amendment in the Bill tries to bring accountability.

Initiating the debate, Congress MP Syed Naseer Hussain termed the proposed legislation “unconstitutional” and alleged that it targets the Muslim community.

He also accused the BJP of using the proposed legislation to trigger communal tension and polarisation in the society in order to strengthen its vote bank.

Hussain accused the ruling BJP of trying to mislead the country and claimed no recommendations made by opposition members to the joint parliamentary committee (JPC) formed to look into the Bill were included in it.

He alleged that the Bill seeks to treat Muslims as “second-class” citizens in the country.

Hussain also noted that the BJP-led government is trying to bulldoze the legislation in the Upper House.

Manoj Jha of RJD said the content and intent of the Bill puts a question mark on the government. He also said the government should send the Bill to the select committee of Parliament once again.

Jha alleged that the Bill is like “dog whistle politics” to alienate the Muslims from the mainstream.

Participating in the debate, Samajwadi Party MP Ram Gopal Yadav emphasised that all the religions must be treated with respect and the government must prevent India “shifting towards a totalitarian state”.

He said India has a huge population of minorities, especially Muslims and if a large section of people feel that injustice has been meted out to them, any efforts to appease them will not work.

Explaining why opposition parties are suspicious about the Bill, he cited the example of Uttar Pradesh where “people can’t offer namaz, even on their rooftops”.

John Brittas of CPI(M) said it is an attack on the Constitution.

“It attacks the basic tenets of India’s Constitution, where it is secularism, where it is democracy, and equality. There is a cardinal violation happening. They have already discriminated against people by segregating them. They are now segregating God from God. Hindu God from Allah,” he said.

Y V Subba Reddy of YSRCP too opposed the Bill, saying this is “unconstitutional”.

Congress member Abhishek Singhvi said on one hand, the Bill has omitted the concept of ‘Waqf by User’, at least prospectively, disallowing Waqfs to be created on the basis of uninterrupted usage over a significant period of time.

“On the other, the applicability of the Limitation Act, if this Bill is passed, has inversely and conversely allowed the government, quasi governmental bodies and others outside the community to lay claim over a real Waqf property on the basis of uninterrupted and continued possession beyond 12 years, so long as litigation is not started prior to that,” he added.

A property can thus be usurped under the principle of adverse possession, which means that if the government or any similar entity or other individual from outside the community continues to be in hostile possession of any Waqf property, then the government or that individual can claim title over that Waqf property after the lapse of 12 years, he said.

“This is a deliberate attempt by the government to further its own agenda by minimising protection conferred upon Waqf properties with the right hand and significantly increase its own control and power to permanently claim these properties with its left hand,” Singhvi alleged.

Independent MP Kapil Sibal said non-Muslims could earlier form the Waqf board too, but this Bill does not allow that anymore.

He said there should be reform in Hindu religion and why target only one community.

Bring a law to ensure that women should have rights in bequeathing property, he said, urging the government to make a commitment in the House that it brings a law that will maintain the rights of daughters.

Participating in the discussion, which started at 1300 hours in the House, Muzibulla Khan of BJD said Muslims in this country are tense because a non-Muslim would be kept for the management under this Bill.

DMK leader Tiruchi Siva said his party opposes the Bill as it is legally flawed.

“I stand on the behalf of my party to oppose this Bill… We reject the Bill in its entirety because it is legally flawed, constitutionally indefensible and morally reprehensible,” he stated.

“Why is a certain community being targeted is our question?” Siva asked.

The intention of the government is malafide and deplorable, and the DMK is certain that the Supreme Court will strike the Bill down, Siva said.

AAP member Sanjay Singh stated that the Bill is against the tenets of the Indian Constitution, and alleged that the government wants to control Muslim religious bodies through the legislation.

Singh noted that after Muslims, the government will go after other religious bodies of Sikhs, Christians, Jains, etc and hand them over to their “friends”.

Shiv Sena (UBT) MP Sanjay Raut spoke against the Bill and questioned the government’s intent.

“Why is the government so worried about poor Muslims? Even Muhammad Ali Jinnah did not show so much concern for poor Muslims,” Raut said, accusing the NDA of diverting attention from US President Trump’s announcement for 26 percent tariffs.