The Waqf Act, 1995, will now be known as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 1995
The Waqf (Amendment) Act, 2025 is a significant legislative reform aimed at enhancing the governance, transparency, and efficiency of waqf property management in India. Here are the key aspects of this Act:
Name Change: The Waqf Act, 1995, will now be known as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 1995.
Exemptions: The Act does not apply to trusts established for purposes similar to waqf, governed by statutory provisions for public charities.
Definitions Introduced: Definitions for Aghakhani waqf and Bohra waqf have been added.
Conditions for Waqf Creation: A waqf can only be created by a lawful owner of the property who is competent to transfer it. The creation of waqf-alal-aulad does not deny heirs’ rights, including those of women.
Registration and Database: All existing waqfs must register their details on a portal within six months, extendable by another six months.
Protected Monuments: Declarations of protected monuments or areas as waqf are void under specific Acts.
Survey and Registration: The survey process has been revised, and registration certificates will be issued through a portal.
Central Waqf Council Composition: The Council includes representatives from various backgrounds, ensuring diversity and inclusivity.
Disqualification of Mutawalli: Criteria for disqualification include age, mental capacity, insolvency, and criminal convictions.
Legislative Process
Parliamentary Approval: The Bill was passed by the Lok Sabha with 288 votes in favor and 232 against, and by the Rajya Sabha with 128 votes in favor and 95 against.
Presidential Assent: President Droupadi Murmu gave her assent to the Bill on April 5, 2025, making it a law.
Reactions and Challenges
Government Perspective: The government views this as a significant reform to enhance transparency and accountability in waqf management.
Opposition Criticism: Critics argue that the Bill is unconstitutional and divisive.
Legal Challenges: The Bill is facing challenges in the Supreme Court over its constitutional validity.
The Waqf Act, 1995, has been amended and will now be known as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 1995. This change follows the passage of the Waqf (Amendment) Bill, which received President Droupadi Murmu’s assent on April 5, 2025. The amendments aim to enhance transparency, accountability, and efficiency in the management of Waqf properties, which are Islamic charitable endowments.
Key Changes in the UMEED Act, 1995
Inclusion of Non-Muslim Members: The Central Waqf Council must now include two non-Muslim members and two women members, promoting diversity and inclusivity.
Removal of “Waqf by User” Provision: Properties can no longer be designated as Waqf solely based on their long-term use for religious activities, although existing “waqf-by-user” properties will retain their status unless involved in disputes with the government.
Enhanced Transparency and Technology Integration: The bill emphasizes the use of technology to improve record-keeping and streamline administrative processes.
Protection of Inheritance Rights: The amendments ensure that women and children receive their rightful inheritance before any property is declared Waqf, safeguarding their rights.
Dispute Resolution Mechanisms: The bill introduces new mechanisms for resolving property disputes, including appeals to the High Court against Waqf Tribunal decisions.
These changes are intended to modernize the management of Waqf properties, address historical inefficiencies, and ensure better governance and community representation.
