On the 2nd of April 2025, the Lok Sabha passed the Waqf (Amendment) Bill after 12 hours of fierce debate. Taking to X, BJP leader Amit Malviya explained two new insertions, 3D and 3E, in the Waqf Bill, which would protect historical monuments and tribal lands against arbitrary Waqf encroachments.
“Any declaration or notification issued under this Act or under any previous Act m respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, at the time of such declaration or notification,” point 3D states.
Highlighting the implications of this insertion, Malviya said that with the insertion of point 3D, monuments protected by the Archaeological Survey of India (ASI) would be excluded from the Waqf’s ambit.
Big insertions in the Waqf Amendment Bill.
— Amit Malviya (@amitmalviya) April 2, 2025
3D. Any declaration or notification issued under this Act or under any previous Act m respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act,… pic.twitter.com/r2ZLA7uGzP
“ASI-protected monuments have now been excluded from Waqf’s ambit. This decision was made because ASI is merely a custodian, and protected properties may not necessarily be government assets.
Similarly, insertion 3E states that land belonging to Scheduled Tribes could not be declared Waqf property.
“Notwithstanding anything contained in this Act or any other law for the time being in force, no land belonging to members of Scheduled Tribes under the provisions of the Fifth Schedule or the Sixth Schedule to the Constitution shall be declared or deemed to be waqf property,” point 3E reads.
Explaining its implication, the BJP functionary said, “Excluding Tribal land from Waqf’s purview will safeguard the interests of Tribal communities and curb land encroachment, which has been a significant issue in Jharkhand and other Tribal-dominated areas. This is a major step in protecting Tribal rights, benefiting Bengal’s Tribals and many others.”
Notably, the Waqf Amendment Bill passed in the Lok Sabha with 288-232 votes amid criticism from the opposition parties, including Congress, AIMIM, SP and others, The Opposition parties mounted an attack against the government, claiming that Waqf is an essential practice to Islam and therefore the Bill is against the Constitution. The government, in their strong reply, countered the charge. Pertinently, the Bill also does away with the draconian Section 40 of the Waqf Act 1995, which allowed the Waqf Board to claim properties overnight, including Hindu villages, temples, etc
