Speaking to the media on Wednesday (2nd April), Advocate Vishnu Shankar Jain welcomed the Waqf Amendment Bill, 2024, tabled in the Parliament today calling it an important step in the right direction. Jain, however, pointed out that there is still scope for improvement in the Bill.
The Advocate offered prayers at a temple in Gorakshnath Math in Varanasi before the tabling of the Bill in the Parliament. He highlighted the positive changes that have been introduced in the amendment Bill. “Several provisions have been introduced to put a check on the arbitrary powers of the Waqf. There has been a change in the definition of Waqf, and the concept of ‘Waqf by the user’ has also been abolished; several checks have been introduced in the survey exercise and registration by Waqf. The composition of the Waqf Tribunal has been changed,” he said.
VIDEO | As Waqf Bill is to be tabled in Lok Sabha today, Advocate Vishnu Shankar Jain (@Vishnu_Jain1) says, "The Waqf Amendment Bill is being presented today, there are many provisions which has finished the unlimited rights of Waqf. There has been a change in the definition of… pic.twitter.com/b6VUrXSfdl
“Sections 40, 107, and 108 have been repealed. However, some things have been left unaddressed, which require a proper discussion. But this is a good initiative. I feel there is still scope for improvement, for example, there is no provision to reclaim the properties which have been declared erroneously as Waqf properties. There are still some draconian provisions like Sections 28, 29, and ‘person aggrieved’ in Section 6, which have not been removed. We presented our opinion in this regard in front of the JPC,” he pointed out.
The Waqf Amendment Bill, 2024, was tabled in the Parliament today by the Union Law Minister Kiren Rijiju. Explaining the ambit of amendments proposed in the Bill, Rijiju assured the Lower House that the Bill does not interfere with any religious system, any religious institution, or any religious practice in any way.
In Tamil Nadu’s Tiruchirappalli district, 70-year-old farmer Rajagopal was preparing to sell his 1.2-acre land to fund his daughter’s wedding. He had cherished this dream for years—to see his daughter get married with grandeur and send her off with pride. But when he arrived at the sub-registrar’s office to complete the sale, his world was turned upside down.
Officials handed him a 20-page document, stating that the land he and his ancestors had cultivated for generations was not his own—it belonged to the Tamil Nadu Waqf Board.
For Rajagopal, this was nothing short of a nightmare. But the shock didn’t end there. It wasn’t just his land—his entire village, Tiruchenthurai, home to the 1,500-year-old Sundareswarar Temple, had also been declared Waqf property.
The villagers were left stunned, outraged, and fearful. The news spread like wildfire, igniting a nationwide debate over Waqf laws. But this was not an isolated incident. Eighteen other villages in the region had also been marked as Waqf property.
This led to pressing questions: What exactly is the Waqf Board? How did it come to control such vast amounts of land? The shocking truth is that the Waqf Board today owns 9.4 lakh acres of land, covering approximately 3,804 square kilometers—making it the third-largest landowner in India, after the Indian Railways and the Indian Army.
What started in the 12th century with the donation of just two villages has now grown into a massive empire. With increasing concerns and rising public outcry, the central government is now preparing to introduce a Waqf Amendment Bill.
So, let’s dive deep into this controversy—What is Waqf? How did it come to India? And why has it become such a hot-button issue today?
What is Waqf?
The term “Waqf” comes from the Arabic word “Waqafa,” which means to stop or to hold. In Islamic tradition, Waqf refers to property donated for public welfare, essentially making it a permanent endowment. Once a property is declared as Waqf, it cannot be sold, gifted, or inherited. The person who donates the property is called a “Waqif”.
A Waqif can also specify how the property or its income should be used. For example, if someone donates land and declares that its revenue should only be used for the education of orphaned children, then that condition must be followed.
The Origins of Waqf in Islam
The concept of Waqf dates back to the time of the Prophet Muhammad. One well-known story involves Caliph Umar, who acquired a piece of land in Khyber and asked the Prophet about the best way to utilize it. The Prophet advised him: “Hold it, bind it, and use its benefits for the welfare of the people.”
Similarly, one of the earliest examples of Waqf was a date-palm orchard in Medina with 600 trees, which was dedicated to generating income for the poor.
Waqf in India
The concept of Waqf entered India with the advent of Islam and has existed for centuries as an essential part of Islamic tradition. In India, Waqf properties are meant for public welfare and religious purposes and, like in Islamic law, cannot be sold, gifted, or passed down as inheritance.
The Origins of Waqf in India
The concept of Waqf in India is believed to have arrived with Islam, introduced by Arab traders in the 7th century. However, its formal implementation at a state level began in the 12th century with Muhammad Ghori. Over time, rulers like Qutb-ud-din Aibak, Iltutmish, the Mughal emperors, the British colonial administration, and even Muhammad Ali Jinnah in the 20th century (through the Muslim Waqf Act) played key roles in shaping its development.
Now, let’s take a deeper look at its history.
Muhammad Ghori and the Establishment of Waqf
The formal introduction of Waqf in India is often credited to Muhammad Ghori, the Afghan invader and ruler from the Ghor province of present-day Afghanistan. A Turkic ruler, Ghori, launched multiple invasions into India in the late 12th century. In 1175, he defeated the Ismaili rulers of Multan, and in 1192, he won the Second Battle of Tarain against Prithviraj Chauhan, seizing control of Delhi and large parts of North India.
But Ghori’s ambitions extended beyond mere territorial conquest. He aimed to strengthen Islamic institutions in the region.
According to historian Vipul Singh’s book, Interpreting Medieval India, and the Persian text Insha-e-Mehru by Aynul Mulk Multani, Ghori donated two villages to the Jama Masjid of Multan in 1185. The administration of these villages was entrusted to the Sheikh-ul-Islam, a title given to prominent Islamic scholars of the time.
This is considered the earliest recorded instance of Waqf in India.
The Evolution of Waqf in India: From Ghori to the British Era
Muhammad Ghori’s Initiative: The First Step Towards Waqf
Muhammad Ghori’s introduction of Waqf in India was primarily aimed at religious and community welfare, ensuring funds for the upkeep of mosques and the education of Muslims. While some leftist historians, such as Professor Irfan Habib, argue that Waqf existed at a personal level before Ghori, he is credited with giving it official state recognition.
What began with just two villages in Multan eventually expanded into millions of acres of Waqf land. Though Ghori died in 1206, his slave and general, Qutb-ud-din Aibak, continued his legacy.
Qutb-ud-din Aibak and the Foundation of the Delhi Sultanate
Following Ghori’s death, Qutb-ud-din Aibak became the first Sultan of the Delhi Sultanate in 1206 and ruled until 1210. While no official records directly mention his formal implementation of Waqf, Aibak took significant steps to promote Islamic traditions, indirectly strengthening the Waqf system.
He initiated the construction of the Qutub Minar and the Quwwat-ul-Islam Mosque in Delhi, both of which later became Waqf properties. According to historian Ziauddin Barani’s Tarikh-e-Firoz Shahi, rulers of that era frequently donated land for mosques and madrasas, further embedding Waqf into governance.
Though Aibak’s reign was brief, he laid the foundation for Islamic legal structures in India, paving the way for the systematic organization of Waqf. His successor and son-in-law, Iltutmish, took this initiative even further.
Iltutmish: The Architect of Organized Waqf
The third Sultan of Delhi, Shamsuddin Iltutmish (1211-1236), is often regarded as the first ruler to truly consolidate Islamic rule in India. He not only strengthened the Delhi Sultanate’s administration but also played a key role in formalizing Islamic laws and traditions, including Waqf.
Under Iltutmish’s reign, donations of land for mosques, madrasas, and other religious activities increased significantly. A prime example is the Shamsi Mosque in Badaun, built during his rule and designated as a Waqf property.
Historian Vipul Singh notes that Iltutmish introduced local committees, called Mutawallis, to manage Waqf properties. These committees were responsible for maintaining Waqf lands and ensuring that their revenues were used for public welfare.
Since most land was under the control of rulers, the Sultans themselves became the primary Waqifs (donors). Many of the mosques and madrasas built during Iltutmish’s reign were legally protected as Waqf properties, creating a structured system that future rulers followed.
According to scholar Amir Afaq Ahmad Faizi, two notable Waqf properties from this period are:
Miran Mulhim’s tomb in Badaun
Khwaja Majd al-Din’s shrine in Bilgram
Iltutmish’s institutionalization of Waqf laid the groundwork for subsequent rulers, including the Mughals, who significantly expanded its reach.
The Mughal Era (16th-17th Century): The Expansion of Waqf
The Mughal Empire took the Waqf system to new heights, incorporating it into state policies and governance.
Babur and Humayun
Babur, the founder of the Mughal Empire (1526-1530), promoted Waqf by constructing mosques in Delhi, which later became Waqf properties.
Humayun’s rule was politically unstable, yet he continued the tradition of Waqf donations.
Akbar (1556-1605): Institutionalizing Waqf
Akbar gave Waqf a broader structure, donating land for religious activities and public welfare.
One of the most notable Waqf endowments during his reign was the Farangi Mahal in Lucknow, which became a major Islamic educational center.
He also established laws to regulate Waqf properties.
Shah Jahan (1628-1658): The grand Waqf benefactor
Shah Jahan made some of the largest Waqf contributions in Mughal history:
He dedicated 30 villages and an entire district (pargana) to fund the maintenance of the Taj Mahal.
According to Amir Afaq Ahmad Faizi, this was one of the most significant examples of Waqf during the Mughal period.
He also built Delhi’s Jama Masjid, which became a major Waqf property.
Aurangzeb (1658-1707): Strengthening religious Waqf
Aurangzeb expanded Waqf primarily for religious purposes, donating land for mosques and cemeteries across the empire.
How Waqf expanded under the Mughals
During the Mughal period, Waqf properties increased dramatically, fueled by:
State-sponsored endowments by emperors
Donations by wealthy individuals and landlords
The spread of Islam in rural areas, leading to more land being set aside as Waqf
By the end of the Mughal era, Waqf was a deeply rooted institution in India, eventually catching the attention of British colonial authorities.
The British era: Waqf becomes a legal Institution
During British rule, Waqf transitioned from a community-driven practice to a regulated legal system. Before this, Waqf properties were managed informally, but the British sought to control and organize them through legislation.
The First legal recognition: Waqf Board formation (1913)
In 1913, the British government introduced the Mussalman Waqf Validating Act, marking the first official government recognition of Waqf properties. The Act aimed to regulate Waqf lands and prevent their misuse.
The Waqf Act of 1923: Legal framework for Waqf
On August 5, 1923, the Mussalman Waqf Act was passed, giving Waqf a formal legal foundation.
This law mandated the registration of Waqf properties.
It also created management boards, comprising both community leaders and government officials.
According to Professor Irfan Habib, during British rule, landlords and nawabs frequently donated their surplus land as Waqf properties. Although this practice existed for centuries, the British administration sought to regulate and formalize it.
By this period, Waqf no longer consisted solely of mosques and graveyards—it also included buildings, cash endowments, and other assets.
How Waqf evolved over centuries
From its humble beginnings in 12th-century Multan to becoming a massive institution under the Mughals and the British, Waqf has played a significant role in India’s religious, social, and economic landscape.
Muhammad Ghori introduced the first recorded Waqf in India.
Iltutmish institutionalized its management.
The Mughals expanded Waqf on an unprecedented scale.
Jinnah’s Muslim Waqf Act: Origins and Impact
Why is Jinnah Associated with the Waqf Act?
The central government recently introduced the Waqf Amendment Bill in the Lok Sabha, sparking a heated debate between the ruling party and the opposition. During the discussion, BJP MP Nishikant Dubey brought up Muhammad Ali Jinnah’s role in the Waqf Act. In an interview, he claimed:
“Jinnah introduced the Muslim Waqf Act in 1911, and until 1954, it was referred to as ‘Jinnah Law.’ The existence of separate legal systems for Hindus and Muslims contributed to the partition of the country.”
But what exactly was Jinnah’s Muslim Waqf Act, and how did it come into existence?
Jinnah’s Role in the 1913 Waqf Act
In the early 20th century, Muhammad Ali Jinnah was a prominent leader in the Indian National Congress and a respected lawyer. At that time, his pro-Muslim stance was not as visible. However, between 1911 and 1913, Jinnah played a crucial role in the passage of the Muslim Waqf Validating Act, 1913, in the Imperial Legislative Council under British rule.
This Act was designed to resolve legal disputes related to Waqf properties and ensure their protection under Islamic law.
Why Was the 1913 Waqf Act Needed?
By the late 19th century, British courts, including the Privy Council, had questioned the legality of Waqf properties.
One of the most significant rulings came in 1894 in the Abdul Fata vs. Saidan case, where the Privy Council ruled that Waqf-alal-Aulad (family Waqf) was invalid under Islamic law. This decision alarmed the Muslim community, as family Waqf was a deeply rooted tradition.
To address this concern, Muslim leaders pressured the British government to pass a new law. Jinnah, then a member of the Imperial Legislative Council, strongly advocated for the cause.
On March 7, 1911, the bill was introduced.
After several amendments, it was finally passed in 1913 and officially came into effect on March 7, 1913.
The primary goal of this law was to grant legal recognition to family Waqf properties and overturn the Privy Council’s ruling.
Was It Really Called ‘Jinnah Law’?
BJP MP Nishikant Dubey claimed that the 1913 Waqf Act was referred to as ‘Jinnah Law’ until 1954. However, historical records do not support this claim.
While Jinnah was instrumental in passing the Act, it was never officially named after him. Instead, it has always been known as the Muslim Waqf Validating Act, 1913. The association with Jinnah exists due to his strong advocacy for the law, but the term ‘Jinnah Law’ was never formally recognized.
Further Developments: The 1923 and 1954 Waqf Acts
In 1923, the Muslim Waqf Act was passed, which focused on the management of Waqf properties.
After India’s independence, the government introduced the Waqf Act of 1954 to streamline the administration of Waqf assets.
Later, the Waqf Act was amended in 1995 and again in 2013 to further regulate and protect Waqf properties.
Now, in 2025, another Waqf Amendment Bill is being proposed to update the existing laws.
The historical roots of Waqf in India
Waqf in India is not just linked to rulers—it dates back to the 7th century, when Arab traders brought Islam to South India. The Malabar region saw some of the earliest examples of Waqf properties, including mosques and cemeteries.
According to historian Satish Chandra’s book Medieval India, Waqf is mentioned in the Bahamani Sultanate’s interactions with the Vijayanagara Empire in the Deccan region.
Post-independence, Waqf laws were consolidated in 1954, revised in 1995 and 2013, and continue to be one of the largest land-holding institutions in India.
Today, the Waqf Board manages 9.4 lakh acres of land, making it the third-largest landowner in the country.
Expansion of Waqf and Rising Controversies
What started with just two villages has now expanded to 9.4 lakh acres, encompassing over 8.7 lakh properties. These include mosques, dargahs, cemeteries, and imambaras, which form a significant portion of Waqf assets.
However, with this expansion, controversies have also grown.
Historian Irfan Habib expresses concern:
“When a property has no clear owner, everyone claims ownership. This has happened with Waqf as well, leading to widespread misuse in many places.”
He also highlights doubts surrounding the recent amendment bill, with some fearing that the government might use it to take control of Waqf lands. According to him,
“Waqf was established for the welfare of society, and it should be managed with that same spirit.”
On the other hand, Maulana Khalid Rashid Firangi Mahali strongly refutes allegations of illegal encroachments on Waqf land:
“These accusations are baseless. Muslims have donated their lands voluntarily.”
He emphasizes the religious significance of Waqf:
“In Islam, Waqf is as important as Namaz and Hajj. It is a 1,400-year-old tradition.”
However, he also acknowledges that the intentions behind Waqf management have changed over time.
Today, the power of Waqf Boards and the disputes surrounding them pose a significant challenge for the government. Whether the proposed amendment will be effective remains to be seen, but for people like Rajgopal, their concerns and grievances continue to go unheard.
In a massive achievement for India and the Modi government, Union Home Minister Amit Shah announced that the number of districts affected by left-wing terrorism or Naxalism had come down from 12 to 6. While boasting the “giant stride”, Minister Shah also declared that India will be free from Naxal-Maoist terrorism within a year.
Taking to X, Home Minister Amit Shah said, “Taking a giant stride towards building a Naxal-free Bharat, today our nation achieved a new milestone by significantly reducing the number of districts most affected by left-wing extremism to just 6 from 12. The Modi government is building a Sashakt, Surakshit and Samriddh Bharat with a ruthless approach to Naxalism and relentless efforts for all-pervasive development. Bharat is determined to uproot Naxalism for good by 31st March 2026.”
Taking a giant stride towards building a Naxal-free Bharat, today our nation achieved a new milestone by significantly reducing the number of districts most affected by left-wing extremism to just 6 from 12. The Modi government is building a Sashakt, Surakshit and Samriddh Bharat…
From 106 Naxal-affected areas in 2015 to just 18 in 2025: The Modi government’s iron hand against Left-wing extremism yielding remarkable results
This is a massive leap and demonstrates the commitment of the Central government to end the deadly menace of Naxalism. It must be recalled that until 2015, around 106 districts in 10 states were marked naxal-affected. By 2024, this number came down to 38 and then to 18. Of these, 12 were most naxal-affected, however, this number has further dropped to just 6.
These 6 “most affected districts” include Bijapur, Kanker, Narayanpur, and Sukma in Chhattisgarh, West Singhbhum in Jharkhand and Gadhchiroli in Maharashtra.
Similarly, the number of “districts of concern” has also plummeted to 6 from 9. These 6 districts are: Andhra Pradesh (Alluri Sitarama Raju), Madhya Pradesh (Balaghat), Odisha (Kalahandi, Kandhamal, and Malkangiri), and Telangana (Bhadradri-Kothagudem).
In a press statement, the Ministry of Home Affairs said, “Due to persistent action against Naxalism, the number of Other LWE-affected Districts has also decreased from 17 to 6. These include districts from Chhattisgarh (Dantewada, Gariaband, and Mohla-Manpur-Ambagarh Chowki), Jharkhand (Latehar), Odisha (Nuapada), and Telangana (Mulugu).”
The Government of India provides financial assistance of Rs. 30 crore and Rs. 10 crore, respectively, to the most affected districts and districts of concern under a special scheme, Special Central Assistance (SCA), to fill the gaps in public infrastructure. Special projects are also provided for these districts as per need.
The rapid improvement in the LWE scenario in the last year is primarily due to the establishment of new security camps in the insurgency-affected core areas and development-oriented works such as expansion of roads, transport facilities, water, electricity and other welfare schemes of the government reaching the villagers.
From bolstering security infrastructure in former Maoist strongholds, including setting up numerous security camps to restrict Naxalite movements and enable development projects, to launching initiatives like Bastar Olympics housing under the Pradhan Mantri Awas Yojana, the central government and the security forces are working tirelessly to reintegrate the LWE-affected locals and crush Maoist appeal.
As the fight against left-wing terrorism intensifies, Naxalites surrendering in large numbers, Centre committed to bringing former Naxalites to the mainstream
A team of security forces recovered the body of a female Naxalite, carrying a reward of Rs 25 lakh, along with an INSAS rifle, ammunition and other items of daily use from an encounter site of Dantewada on 31st March 2025.
The security forces under the DRG area had gone on an anti-Maoist operation in the areas of Geedam police station of the Dantewada district and Bhairamgarh police station of the Bijapur border villages –
Nelgoda, Akeli and Belnar. The woman, identified as Renuka alias Banu alias Chaite alias Saraswati, a resident of Kadvendi district, Warangal, was shot in the firing that took place at the encounter site.
Notably, on 30th March, Union Home Minister Amit Shah announced that 50 Naxalites surrendered in Bijapur, Chhattisgarh. He assured them that they would be rehabilitated and integrated into the mainstream. “It is a matter of great joy that 50 Naxalites in Bijapur (Chhattisgarh) surrendered, abandoning the path of violence. I welcome those who leave violence and weapons and join the mainstream of development. Modi ji’s policy is clear that any Naxalite who leaves weapons and adopts the path of development will be rehabilitated and connected to the mainstream,” Amit Shah wrote on X.
Just a few days back, security personnel gunned down 16 Naxals and recovered a large cache of arms and ammunition in a what the police called “the biggest encounter” in the Kerlapal area of Sukma district. Sukma Superintendent of Police Kiran Chavan confirmed the recovery of 16 Naxal bodies from the site and said, “Two of our jawans sustained injuries during the operation and are being evacuated for medical attention.” He said that security forces also seized a large cache of sophisticated weapons, including AK-47 rifles, Self-Loading Rifles (SLRs), and INSAS rifles from the area.
Earlier in March 2025, 15 Naxalites surrendered before the Dantewada police. The local police said that all 15 individuals would receive the benefits provided by the state government under the rehabilitation policy. Similarly, in Sukma, 9 Naxals surrendered in the presence of Superintendent of Police Kiran Gangaram Chavan last month. The success of security forces and the Central government in ensuring surrenders from Naxalites willing to redeem and join the mainstream as well as eliminating the unrelenting terrorists, especially in Sukma, is an excellent achievement since Sukma is one of the worst-affected districts in Chhattisgarh’s Bastar region, which has seen several Naxal attacks in the past.
Notably, 30 Naxalites were neutralised by security personnel in two different operations in the Chhattisgarh districts of Bijapur and Kanker. OpIndia reported earlier that at least 19 Naxalites turned themselves in on 17th March in the Bijapur area, and nine of them had cash prizes totalling ₹28 lakh on their heads.
Last month, Union Home Minister Amit Shah informed Parliament that by March 31st, 2026, Naxalism will be eradicated from the country. The Union Home Minister stated that between 2004 and 2014, there were 16,463 violent incidents, but in the last ten years, this number has decreased by 53 per cent.
He mentioned that from 2004 to 2014, 1,851 security personnel were martyred, but in the past ten years, the number of security personnel killed dropped to 509, a reduction of 73 per cent. The number of civilian deaths decreased from 4,766 to 1,495, which is a 70 per cent reduction.
The Union Home Minister stated that from 2014 to 2024, 11,503 kilometres of highways were constructed in Naxal-affected areas. The minister added that 20,000 kilometres of rural roads were built. In the first phase, 2,343 mobile towers were installed, and in the second phase, 2,545 towers were set up. The work of installing 4,000 mobile towers is still ongoing. Shah mentioned that the entire Naxal-affected region will be equipped with mobile connectivity by December 1st.
In February this year, 4 Naxals were killed in an encounter with the security forces in Madhya Pradesh’s Balaghat district killed at least four Maoists, all of whom were women. Police found three rifles in their possession: an INSAS (Indian small arms system), a self-loading rifle and a 3o3 rifle. On 9th February, a well-planned intelligence-based operation in the Bijapur district of Chhattisgarh, around 400 kilometers south of Raipur, which borders Telangana and Maharashtra, eliminated 31 Maoists, including 11 women, in one of the largest strikes against Naxalism. On 1st February, security forces in the Bijapur district of Chhattisgarh conducted an anti-Naxal operation that resulted in the deaths of eight Maoists. Their hideouts yielded weapons, including a Barrel Grenade Launcher (BGL) Launcher and an INSAS rifle.
On 31st January, ten Naxalites, five of whom possessed a total reward of ₹6 lakh on their heads, surrendered in the district of Bijapur. At least 16 Maoists were slain in Chhattisgarh’s Gariaband area on 21st January and 12 of them bore a reward of over ₹3 crore. In another incident on the 12th of January, 5 Naxalites were shot dead by security troops in Bijapur’s Madded area. On 16th January, a violent clash with security forces in the Bijapur area of Chhattisgarh claimed the lives of at least 12 Naxalites. On 29th January, security forces and the CPI (Maoists) clashed in Jharkhand’s West Singhbhum district, killing two Maoists. Six Maoists, who were active in Karnataka surrendered before Chief Minister Siddaramaiah on 9th January.
Notably, on 26th March, Chhattisgarh Chief Minister Vishnu Deo Sai informed that more than 325 Naxalites have been eliminated and over 2,000 of them have either been arrested or surrendered in just one-and-a-half months in the state. These numbers are remarkably high, taking into account the short span of time. In October last year, the Home Ministry had said that around 94 Maoists were killed in the last nine months, more than 800 Naxals were arrested, while 738 surrendered.
It must be called that in an interview with IndiaToday earlier this year, Home Minister Amit Shah said that the Modi government devised a four-pronged strategy to “replace weapons and violence with development and trust in the so-called Red Corridor that extended from Pashupatinath in Nepal to Tirupati in Andhra Pradesh.”
This four-pronged approach included targeting and neutralising Naxal leaders, disrupting their funding, promoting development in LWE-affected areas, and encouraging surrenders. The effective implementation of this multi-faceted strategy has yielded positive results for the country, although this progress is not devoid of challenges and sacrifices. With the continued efforts of the government and security forces, the menace of Naxal/Maoist/Left-wing terrorism is most likely to end for good by 31st March 2026. A Naxal-free India will definitely be a game-changer, unlocking doors of development, education, trade, jobs for the local people and former Naxalites, offering them a peaceful and dignified life free from terrorism and fear.
On 2nd April, during the discussion on the Waqf Amendment Bill, 2024, Trinamool Congress MP Kalyan Banerjee defended the concept of Waqf and opposed the bill. He called Waqf the “core belief” and an “integral part” of Islam. While doing so, he argued that anyone, including Hindus, Muslims, Christians or otherwise, should be able to donate land or property to a Waqf Board. He also challenged the proposed amendments that remove ambiguous practices like “Waqf by User” and “Verbal Waqf Declarations”.
Interestingly, he conveniently overlooked the fact that the rampant abuse of these provisions has resulted in coercion, illegal land encroachments, and intimidation of non-Muslim landowners, specifically Hindus, whose lands were quietly absorbed into Waqf holdings without their consent.
Defending Islam by mocking the amendment – ‘How can you stop anyone from giving to Waqf?’
In his statement in the House, he railed against the amendment that mandates that a person must be practising Islam for at least five years before dedicating property to a Waqf. He slammed the requirement as unconstitutional and arbitrary while claiming that it violates fundamental rights. He further added that it violates the secular fabric of the country.
"Allow Hindus to give land to Waqf": TMC MP bats for coercion TMC's Kalyan Banerjee wants anyone — even non-Muslims — to be allowed to donate land to Waqf. pic.twitter.com/8ACQ97V1Fc
According to Banerjee, religious practice is a private affair, and thus, no law can restrict a person’s freedom to donate to any religious institution, Waqf included. He tried a superficial comparison with donations to Hindu temples and said, “Even in Kashi Vishwanath, there is no such rule of five years. Why should a Muslim be told how long he has practised his faith before he can donate?”
Banerjee deliberately ignored the context that the Waqf Board is not a voluntary society of believers but a state-backed statutory body that has exercised quasi-judicial powers over land. Enabling any random person, especially non-Muslims, to dedicate their land to it has opened doors to abuse, which has been seen in the past. If a Hindu family is threatened into surrendering their land, the Board can very well “allow it”.
This is precisely why the amendment was brought to strike down the inclusion of non-Muslims and impose clearer checks — that is, to prevent the misuse of Waqf laws as tools of coercion.
Waqf by user – legitimising land grab by camouflaging it as religious sentiment
Moving forward, Banerjee championed the notorious practice of “Waqf by User” where regular use of a property by Muslims for congregational prayers automatically converts it into Waqf land. He cited century-old cases and anecdotes, including one where a Hindu allowed namaz to be offered on his land, and claimed this created an irrevocable Waqf — that too all without any declaration or registration.
If Muslims pray on your land once, it becomes Waqf forever — that’s what ‘Waqf by user’ means. Kalyan Banerjee wants this draconian idea protected. pic.twitter.com/Il0Un1bo0w
He claimed that requiring registration or formal dedication now violates Islamic tradition and Supreme Court verdicts. “How can you ask for a document?” he asked rhetorically, calling the amendment an attack on Islamic freedom.
However, this is where his argument collapsed into dangerous territory. If “Waqf by User” is valid, then anyone’s property, even if temporarily used for a prayer gathering, can be declared Waqf. This is the reason prayers on roads and public properties are seen as a major issue. There have been countless instances where Hindus and other non-Muslim communities have discovered that their ancestral lands had been claimed by the Waqf Board without their knowledge.
The inclusion of Hindus and other non-Muslim communities as potential Waqf donors in earlier laws was a loophole. It legitimised forced land surrenders and gave legal muscle to threats and manipulation. Striking it down was not religious intolerance but legal sanity.
Islam is ‘modern and liberal’ but Waqf is sacred and irrevocable?
Banerjee tried to build a constitutional shield around Waqf by declaring that it is a core religious practice that is protected by Articles 25 and 26 of the Constitution of India. He said, “The core belief of a Muslim is that Allah is there. I am dedicating my property to Allah. Therefore, it is a Waqf property.” He insisted that even a verbal declaration is enough to make land Waqf forever.
‘Islam is modern’ but Waqf can never be reversed? Kalyan Banerjee says Islam is liberal and modern — and yet insists verbal Waqf declarations must be irrevocable. pic.twitter.com/kjbdY98aXe
He then claimed that Islam is an “extremely modern and liberal” religion, suggesting that it welcomes all and denies no one the right to offer prayers. If it is indeed modern and liberal, then why insist on an archaic, irrevocable donation system that lacks even a basic paper trail? He basically contradicted himself in a matter of minutes.
Banerjee claimed that Islam is inclusive but supported a Waqf system that excludes others from objecting once land is captured. He preached liberalism but resisted reforms that ensure transparency and consent.
Conclusion
TMC’s Banerjee’s impassioned defence of Waqf laws exhibited serious implications of allowing unchecked religious land monopolies in a secular democracy. His framing of Islam as both open and irrevocable, championing of Waqf by User, and opposition to any form of regulation exposed a wilful blindness to the realities of coercion and land grab under the pretence of Waqf properties.
The amendments introduced in the Waqf Act are not an attack on any religion but a long-overdue effort to prevent misuse of faith as a weapon against non-Muslim landowners. If Banerjee truly believed in liberty and justice, he would have supported reforms that are going to protect citizens from forced submission, not glorify the system that enables it.
The Waqf Act of 1995 [pdf], enacted by the then Congress government, has multiple provisions for unchecked abuse of powers and encroachment of properties by the Muslim community. One of the provisions is listed under Section 40 of the legislation.
It empowers the Waqf Board to unilaterally decide whether a property is ‘Waqf Property’ based on information collected by it.
“The Board may itself collect information regarding any property which it has reason to believe to be waqf property and if any question arises whether a particular property is waqf property or not or whether a waqf is a Sunni waqf or a Shia waqf, it may, after making such inquiry as it may deem fit, decide the question,” the first sub-section of the provision lays down the rule.
The decision of the Waqf Board in determining whether a property belongs to Waqf is final unless revoked/ modified by a tribunal.
Section 40 of the Waqf Act of 1995 further allows the Waqf Board to attach properties of trusts and societies after conducting an initial inquiry. It allows the Board to issue directives to said trusts and societies to mandatorily register with it or show cause for not doing so.
Sub-section 3 of the provision makes it clear –
“Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is waqf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is waqf property, call upon the trust or society, as the case may be, either to register such property under this Act as waqf property or show cause why such property should not be so registered.Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to the authority by whom the trust or society had been registered.“
The controversial legislation further provides for passing orders (as it thinks fit) to take over such trusts and properties and that its decision will be final (unless, of course revoked/modified by the Tribunal).
“The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be final, unless it is revoked or modified by a Tribunal,” the fourth sub-section of Section 40 reads.
The current working of the Tribunals
OpIndia had previously reported how specialised Waqf tribunals were introduced in the 1995 Act, ending the oversight of civil courts to decide disputes over Waqf properties.
Initially, in the 1954 Waqf Act, civil courts had the power to decide on the dispute related to waqf properties. In the 1995 Act, Waqf Tribunals were introduced transferring the power to them. In 2012, tribunals’ powers were expanded and included tenant eviction disputes and other related issues, consolidating the tribunals’ role in managing waqf properties.
The 1954 Act allowed “any person interested therein” to challenge waqf property disputes, primarily targeting Muslims. The 1995 Act retained the phrase but directed disputes to specialised tribunals. The 2013 amendments replaced the phrase barring non-Muslims from filing suits beyond a one-year limitation.
It also introduced a new provision requiring government agencies to return waqf properties to the Waqf Board or Mutawalli within six months of a tribunal order.
Thus, the decision of the Tribunal (as per the Waqf Act of 1995) in case of any dispute regarding waqf property is final, and can’t be challenged.
Consequences of Section 40 of the 1995 Waqf Act
The arbitrary nature of Section 40 of the Waqf Act of 1995 gives unjustified and sweeping powers to the Waqf Board. It can declare any property as ‘Waqf’ and override legislations like the Trust Act of 1882 and the Societies Registration Act of 1860.
Such unbridled powers handed out to the Waqf Board by the Congress government are unprecedented. The parties, aggrieved by the Waqf Board, have no safeguards since all inquiries are carried out by the Board itself. It effectively violates principles of natural justice and fair play.
In the absence of arbitration by a Civil Court, the decisions are skewed in favour of the Waqf Board itself. This partly explains why the Waqf Board is presently India’s third largest landowner, trailing only the Armed Forces and Indian Railways.
The country today has up to 30 Waqf Boards, which have thus far infringed on many properties and temple lands, with the pattern of operation being consistent in most cases. Muslims usually first start performing namaz on these lands. Then, villages are constructed around it after declaring it a religious site. It then becomes easier to sell or lease land near these illegal settlements.
There are currently 50,000 Waqf properties in the country, covering 6,00,000 acres. These properties have earned 150 crores in revenue thus far and consistent efforts are being made to increase this.
OpIndia has previously highlighted 21 such instances when the Waqf Board in India has mismanaged assets, encroached, illegally disposed of and infringed on various properties in the last few years.
Course correction in the Waqf Amendment Bill 2024
The Waqf Amendment Bill of 2024 [pdf] introduces a clause which completely omits Section 40 from the Waqf Act of 1995.
Clause 20 of the Amending Bill clearly states – “Section 40 of the principal Act shall be omitted.”
With this new clause, Section 40 of the Waqf act, which allows the board to collect information regarding any property which it has reason to believe to be waqf property, has been abolished.
The Indian government has justified the decision. It said that the measure has been undertaken to rationalise the powers of the Board. The idea was to ensure that Waqf properties are declared only after following due process.
At the same time, amendments are made to Section 6 and 7 of the Waqf Act to remove the finality of the tribunal in disputes regarding Waqf and extend the limitation period from 1 year to 2.
The Waqf Amendment Bill of 2024 also omitted the finality of the tribunal in matters relating to schemes of management made by the Board.
Also, the ‘Muslim law expert’ is removed from the Tribunal’s composition. The panel will now be headed by a District Court judge, with a joint secretary-level officer from the state government as a member.
JPC Report and its recommendations
The Joint Parliamentary Committee (JPC), which examined the Waqf Amendment Bill of 2024 and the opinion of various stakeholders, also concluded in its 913-page report [pdf] that omission of Section 40 of the Waqf Act of 1995 was necessary.
“The Committee, after thorough deliberation with various stakeholders and considering the replies submitted by the Ministry of Minority Affairs, are of the view that omission of Section 40 of the Principal Act will be essential to rationalize the powers of the Board to ensure that waqf are declared after following due process as per the provisions of the Act. Hence, the amendment, is accepted as it is.“
Last-ditch effort to retain Section 40 of Waqf Act
The Opposition Parties in India are making a last-ditch effort to retain Section 40 of the Waqf Act and continue the abuse of power by the Waqf Board through its arbitrary, wishful ways.
On Wednesday (2nd April), Trinamool Congress leader Kalyan Banerjee claimed, “If section 40 is amended and section 40 is taken away, the Waqf board will be a toothless doll, doll only.”
He brazened out, “If there is no Section 40, then there is no necessity to keep the Waqf Board itself. Do not keep it, keep the power with the minister of the central government. The minister will decide what is the necessity of the Waqf Board.”
"If there is no Section 40, there is no need to keep the Waqf Board itself. Do not keep it".
TMC's Kalyan Banerjee opposes the removal of Section 40 of the Waqf Act, which gives Waqf Boards power to arbitrarily declare properties, like Hindu villages, Waqf property.
“The Waqf board, the proposed amendment bill under clause 21, second amendment of section 46 of the original act, once again empowers the central government,” Kalyan Banerjee further alleged.
Following a weekend filled with protests, students at the University of Hyderabad (UoH) took to the streets in two locations on 1st April, amidst a heavy police presence. Students marched from one place to another, chanting slogans in protest against the auction of the 400 acres of land in Kancha Gachibowli. Telangana’s Congress government has reportedly chosen to auction 400 acres in Hyderabad’s famed IT Hub where demand for strategically positioned huge land parcels have soared over the last years with multiple corporations setting up headquarters.
The dispute has now reached the high court as students and even environmental activists are contesting the decision to clear the property for an IT park, claiming that the area is ecologically important. Meanwhile, earthmoving machines have been deployed to clear out the land, amid raging protests. Around 500 students from the Akhil Bharatiya Vidyarthi Parishad (ABVP) gathered at the university’s main gate for a “Dharna” that started at 10:30 am as 150 members of different student organizations agitated in front of the university’s administration building simultaneously.
They asked for a permanent border wall to prevent encroachment on university property. Additionally, they are demanding that all government orders (GOs), land surveys, legal papers, and correspondence from the Telangana State Industrial Infrastructure Corporation (TGIIC) pertaining to the auction be made publicly available. Students are also calling for legal action against administrators who broke university rules without the Executive Council’s consent.
A PhD student and ABVP member Nishanth Reddy voiced, “The university administration has been silent for the past three days. They have not addressed our concerns. We, the students, who are not even the actual stakeholders, are fighting for this land, while the real stakeholders remain inactive.” Students have expressed displeasure with the heightened security measures, reporting that police are seeking identity cards from everyone merely passing around the campus.
Reddy added, “Telangana police have taken over security in the past few days citing law and order issues. Those without ID cards are being denied entry to the university, and now even students heading to their respective departments are being asked to produce their ID cards.” More than 500 students attended the demonstration at the university’s main gate, which lasted till the evening. The Gachibowli police arrested members from the Communist Party of India (Marxist) and the Bharatiya Janata Yuva Morcha who tried to participate in the protest.
SAVE HCU – FASCIST INFESTED!!!
The students of HCU are NOT giving up!
They are fighting for the environment, for their rights and for the future of this city!
Police, the JCBs – the entire machinery doesn’t scare them.
Students begin indefinite protest, opposition fumes against Telangana govt
The University of Hyderabad Students Union (UoHSU), which demands that police officers and earthmoving equipment be removed from the campus, has declared an indefinite protest and a boycott of courses starting on 2nd April. Teachers and students were encouraged to participate in the campus demonstration and skip lessons, according to UoHSU Vice President Akash.
The UoHSU and other student associations jointly issued a statement accusing the university administration of “betraying” students by allowing the state government to clear the land next to the institution at Kancha Gachibowli. The “brutal police crackdown” on nonviolent protesters was also denounced by them. The students wanted a written guarantee that the land would be officially registered under the university’s name.
On 30th March, a heated confrontation broke out at the varsity as Telangana police arrested students on campus and limited their freedom of movement. Students were unable to enter the east campus of School of Economics due to barricades that had been erected. According to Gachibowli police, at least 53 students were placed under arrest as a precaution and later released. The authorities were trying to clear the site in spite of protests from students who asserted that earthmover machines had invaded the east campus during an auction process.
An official stated, “The protesting students obstructed the government officials while they were doing their work and some of them assaulted police personnel. Cases will be booked against them.” UoHSU and Joint Action Committee organised a peaceful rally towards the area to protest the action. They charged that police used aggressive detentions, “manhandling” multiple students as they protested while exercising their democratic right, and more than fifty students were arrested.
Meanwhile, the excavators have been working in Kancha Gachibowli despite the strong protests of the students. Peacocks, spotted deer, and other birds reportedly sent disturbing signals as the excavators rolled in, leveling the ground and removing trees.
Heart-wrenching scenes ??Eco-Terror in Telangana – Peacocks Screamed, Congress Bulldozed!
Midnight massacre at HCU as the Telangana govt bulldozes trees, forcing peacocks to scream for help! Innocent wildlife – deer, porcupines – left homeless.
Opposition parties have joined the chorus in pressing the Telangana government to rescind its plan to develop the environmentally sensitive property, as the dispute has gained political traction. Bharat Rashtra Samithi (BRS) mocked “The Congress’s ‘Mohabbat ki Dukaan’ has now reached Hyderabad Central University.” Rahul Gandhi came under fire from the party for acting contrary to his preaching. BRS also slammed the arrested of agitating students and journalists.
The Congress’ “Mohabat ki Dukaan” has now reached the Hyderabad Central University.
Students who were protesting against the Congress governments decision to sell off 400 acres at Kancha Gachibowli and journalists were arrested by the Telangana Police. @RahulGandhi goes… pic.twitter.com/WLI9bnX4SC
The government’s move was criticized by BRS working president K T Rama Rao, who argued that it was “mindless” and would deny Hyderabad a crucial lung space. He asked why the state’s Congress government was attempting to seize the 400-acres land in Kancha Gachibowli by clearing the area of trees with hundreds of bulldozers and excavators.
According to him, the suburbs of Gachibowli, Nanakramguda, and the Financial District had quickly transformed into concrete jungles for construction, leaving just UoH and the surrounding land bloc for western Hyderabad. He questioned what was wrong if the students wanted to do an environmental impact assessment study on the 400-acre tract of land.
First – you bulldozed the homes of many poor people in the name of environmental protection!
Next, you went after the tribal hamlets in the name of development. Barren lands and even lizards won’t lay eggs, you had said
Rama Rao questioned why the government should target the environment and demolish the current city for future generations when an enormous 14,000 acres of land are easily available in “Future City” for IT parks and other economic activity.
When a whopping 14,000 acres of land is readily available in “Future City” for Govt to promote IT Parks & other economic activity
Why target the precious environment & destroy the present city for future generations ? #SaveHyderabadBioDiversity
On 2nd April, a delegation of Bharatiya Janata Party (BJP) lawmakers, headed by Alleti Maheshwar Reddy, the party floor leader for the Legislature was expected to visit the location. Several police officers have been stationed close to the MLA’s residence. Maheshwar Reddy complained that the police had denied him permission to leave his home. Furthermore, he received no notification from the police clarifying why he was being stopped.
He further charged that the police also barred other leaders and MLAs from the saffron party from leaving their homes. BJP leader Payal Shankar was detained as he was en route to Hyderabad University to participate in the agitation on 1st April.
“Since when did the government become a real estate dealer,” state BJP chief spokesperson N V Subash questioned. He denounced the police response as “an unacceptable assault on democratic rights” and backed the protests. He pointed out that Chief Minister A Revanth Reddy, a Telugu Desam Party (TDP) leader at the time, had resisted a similar move by the Congress government in 2007–08 to surrender the land to a developer in Delhi. “What changed now? Is the Chief Minister abandoning his past stance just to fill empty coffers, please the Gandhis, and fund their freebies agenda,” he asked.
State asserts ownership of land, students refute claims
The conflict dates back several decades. The 400 acres, according to Hyderabad Central University, are a portion of the 2,324 acres that were granted to it in 1975. However, in 2022, the high court declared that there was no official record attesting to the land’s transfer to the institution. The government’s land ownership was eventually confirmed by the Supreme Court, which supported the decision.
Students and environmentalists contend that the property is an ecologically sensitive zone in spite of this verdict. More than 455 species of plants and animals, including peacocks, deer are believed to call it home. Under the Wildlife (Protection) Act, activists from the non-governmental organization Vata Foundation have petitioned for the site to be designated as a national park. They want it to be classified as a “deemed forest.”
The Telangana government has insisted that the 400-acre plot of land next to the institution was state property. The government claimed that some real estate companies and political figures had deceived students by claiming that the land had been given to the state in 2004 and then reaffirmed in 2006. Revenue records make it very evident that the area is not classified as forest land, officials maintained.
The Telangana Industrial Infrastructure Corporation (TGIIC) declared that it had legally established its ownership in court and issued a warning that any disagreement would be considered contempt of court. The government further stressed that a land survey was carried out in July 2024 with the university’s approval, during which time limits were decided upon in front of the institution’s representatives.
The varsity denied the Telangana government’s claim in a counterstatement, contending that no formal survey took place out in July 2024. The university stated that the revenue authorities did not conduct a survey on campus to mark the 400 acres of land that the state government reclaimed in 2006. UoH Registrar Devesh Nigam conveyed, “The only action taken thus far has been a preliminary inspection of the land’s topography.”
Moreover, he refuted the government’s statement that the university had approved of this land designation. Official authorities, however, disputed the university’s assertions, pointing out that records indicate the land in question in Kancha Gachibowli was transferred to the state government in 2004.
A Revanth Reddy, recently alleged in the assembly that public interest lawsuits were being launched in court over the land’s planned development and university students were being incited. The government wants to encourage investment, IT parks, and large-scale employment, he added, noting that the land is situated near the city’s IT hub’s Financial District. According to him, the land piece is unrelated to the university. Students, however, highlighted that the Mushroom Rock region close to UoH’s East Campus is part of the land.
Money to fund election freebies
According to the Telangana Industrial Infrastructure Corporation (TGIIC), the 400 acres in Kancha Gachibowli Village, which is part of Serilingampally Mandal in the nearby Ranga Reddy district, would be developed and put up for auction in phases to potential purchasers to generate revenue. It stated that the government was seeking proposals to choose a transaction advising consultant to optimize the master plan and support the auction of TGIIC’s land, formerly known as TSIIC.
The document stated that the auction is being held to raise money that the state government needs to fulfil some of the promises made by the ruling Congress prior to the elections. TGIIC intends to create a sustainable master plan layout that meets international standards for the 400 acres located in Kancha Gachibowli’s Sy No 25(P). The proposals were to be submitted by 15th March, according to TGIIC.
Amid the ongoing discussions over the Waqf Amendment Bill in parliament, Union Minister Kiren Rijiju delivered a sharp and captivating speech, raising significant questions over those opposing the Bill. He asked, “Why can’t non-Muslims be part of the Waqf Board?,” adding that it is not a matter of religion but of transparency and justice.
Launching a scathing attack on the opposition, he accused them of “spreading the false narrative that the government will take over mosques.” He firmly stated, “We all come from different states and union territories, but above all, we are Indians first.” Rijuju dispelled misleading notions of the expropriation of religious places of worship, clarifying that the Bill aims to protect the rights of fellow citizens.
The government’s clear stance on disputed properties
He categorically asserted that “state governments have been given the authority to ensure that registered properties remain untouched. However, if a property is disputed and pending in court, how can the government intervene?”
Referring to past incidents, he brought up the Citizenship Amendment Act (CAA) controversy, saying, “When CAA was introduced, some people spread rumours that it would strip Muslims of their citizenship. Today, the law is in place, and their claims have been proven false. But did they ever apologise?”
“Rights of women and children are protected”
Rijiju emphasised, “Whenever a Muslim creates a Waqf, they first ensure that the rights of women and children in the family are safeguarded.” He further clarified, “Waqf can only be created on properties where the owner has 100% ownership.”
“Those who suppress women are creating the loudest noise today for their empowerment“
Adopting an aggressive tone, he remarked, “The very people who have worked to suppress women in society are the ones shouting the loudest here today!” He highlighted that “based on JPC recommendations, the authority to investigate disputed Waqf properties has now been given to officials above the collector level.”
“No one’s land will be declared Waqf Property forcefully anymore!”
He pointed out a significant amendment, stating, “The provision allowing any land to be arbitrarily declared as Waqf property has been removed.” He added, “This provision was misused to grab land, but not anymore!” underscoring the safeguards accorded by the Bill to the tribals.
“The Christian community is also backing the Bill”
In a strong warning to the opposition, Rijiju declared, “Today, the Christian community and churches across the country are demanding the swift passage of this bill because Section 40 was being misused.” Referring to Kerala, he warned, “If the opposition stands against this bill, they will face the anger of Kerala’s Christian community.”
He condemned the past declaration of Waqf ownership over a 1,500-year-old temple in Tiruchandurai, a Gurudwara in Yamunanagar, and land belonging to 600 Christian families in Kerala, asserting, “Now, they will get their land back!”
“The Opposition still has time!”
In his concluding remarks, he made an emotional appeal: “There is still time for the opposition to support this bill. Prime Minister Modi has given a simple man like me the opportunity to do this noble work. Millions of poor people will bless us, and I want everyone to be part of these blessings!”
From the suspension of IAS officer Abhishek Prakash in connection with a bribery case to the recent raids of the ED in a money laundering case involving IAS officer Sanjeev Hans, the Indian bureaucracy has been making headlines for all the wrong reasons.
In an investigation relating to a money-laundering case involving a 1997-batch Bihar IAS officer, Sanjeev Hans, the Enforcement Directorate (ED) seized whopping amounts of cash during raids conducted at seven locations in Patna, Bihar, on Thursday (27th March). According to reports, the amount seized by the ED was so huge that it took 7 hours for the ED officials to count the entire amount using cash counting machines.
As per reports, last week, the ED seized cash worth ₹11.64 crore during the raids of premises linked with senior Bihar government officials in Patna. The agency raided properties linked to Tarini Das (chief engineer at the Bihar Construction Department), Mumukshu Chaudhary (joint secretary in the Finance Department), Umesh Kumar Singh (executive engineer in the Urban Development and Housing Department), Vikash Jha (deputy general manager at the same corporation), Ayaz Ahmed (deputy project director at Bihar Urban Infrastructure Development Corporation Ltd), Sagar Jaiswal (deputy general manager of projects at Bihar Medical Services and Infrastructure Corporation Ltd), and Saket Kumar (executive engineer with the Bihar Construction Department).
Image via X
Sanjeev Hans, former principal secretary of the state energy department, is currently lodged in Beur Central Jail in Patna. He was arrested last year by the Special Vigilance Unit of the Bihar Police after evidence against him surfaced. Hans is facing allegations of amassing wealth and properties disproportionate to his earnings during his postings in Bihar from 2018 to 2023.
What is the case against Hans?
The allegations against Hans first emerged in January 2023 when a lawyer accused him, along with Rashtirya Janata Dal (RJD) MLA Gulab Yadav, of gangrape, blackmail, coercion and forced abortion. The woman had filed this petition in the year 2021 after which the bench sought a preliminary inquiry report on the matter from the Patna police. Still, the report was not submitted, failing which the court dismissed the case. The case was dismissed by the Patna High Court in September 2023 but the financial transactions of Hans and Yadava came under the scanner.
Later on, an FIR was filed by the Special Vigilance Unit against Hans for alleged possession of disproportionate assets. While probing the allegations of rape against him, the authorities found some dubious transactions. The current ED-led money laundering investigation under the Prevention of Money Laundering Act (PMLA) stems from the FIR.
The ED seized assets worth ₹23.72 crore linked to Hans’ associates in December 2024. The assets included land in Nagour and flats in Delhi and Jaipur, allegedly acquired with illegal funds. These properties were bought in the name of close associates of Hans, including Praveen Chaudhary, Pushpraj Bajaj and Bajaj’s family members, to conceal the real ownership. The central agency also recovered gold jewellery worth ₹1.25 crore, luxury watches worth ₹65 lakh, silver bullion worth ₹ 11 lakh and shares valued at ₹60 crore held in proxy accounts. More than 70 bank accounts having suspicious deposits worth ₹6 crore were also seized during the investigation. The central agency alleged that Hans had influential links in the Bihar government who shielded him. His role as chairman of the Bihar State Power Holding Company Limited is also reportedly being probed by the ED as he allegedly awarded contracts worth ₹3,300 crore in exchange for kickbacks.
The ED investigations against Hans, an IIT-Delhi alumnus, and his associates have uncovered and deep nexus of corruption, illicit wealth, and abuse of power. Hans, once known as a bright officer, held influential positions in the Bihar government. He also served in the central government from 2004 to 2029 in various positions. He was elevated to the position of principal secretary in 2020,. He has been under the scanner of the authorities for the past two years after evidence against him pointed towards disproportionate wealth, misuse of power, and large-scale corruption.
In 1995, the Congress-led government passed the Waqf Act, a sloppily drafted and recklessly implemented legislation that opened the floodgates for Waqf Boards to claim temples, schools, graveyards, and even entire villages and government properties. Congress did not stop there and granted more powers to Waqf in 2013 before the Bharatiya Janata Party-led (BJP) NDA came to power at the Centre.
What started as a system for managing endowments turned into an unaccounted empire with lakhs of acres of prime land under its purview. However, now with the Waqf (Amendment) Bill, 2024, the Modi government is trying to set things right.
End of “Waqf by user” – no more land grabs by praying once
The original Act allowed Waqf creation not just through a declaration or endowment, but also by “user”. It meant that land could be claimed as Waqf simply because someone had been using it as such. This is what led to absurd claims like declaring entire villages or farmland as Waqf property.
The amendment is going to end this madness. Waqf can now only be formed through declaration or endowment. Further, the donor must be a practising Muslim for over five years. Crucially, female heirs cannot be bypassed, which is a big step towards ending the misuse of religious endowments to sideline women from inheritance.
Government land cannot be converted into Waqf
The 1995 Act was silent on Waqf claims over government property. It allowed opportunistic grabs by Waqf Boards. The 2024 Amendment fixes this loophole. If a government property is claimed by Waqf, the Collector will resolve the matter. If the land is proven to be government land, it cannot be declared Waqf.
The Waqf Board no longer decides what is Waqf
Under the old law, the Waqf Board had the power to determine if a property was Waqf – basically judge, jury, and beneficiary. That power has been scrapped in the Amendment Bill. It will stop hundreds of cases where Boards arbitrarily declare private or community properties as Waqf.
Surveys are now aligned with revenue records, not Waqf fantasies
Earlier, surveys were done by Survey Commissioners. These surveys were conducted in isolation from land revenue records. However, the amendment has allowed District Collectors, who are part of the land revenue system, to conduct surveys as per state revenue laws. It means fewer fairy tales and more facts.
Inclusion of non-Muslims in Waqf Boards
As per the 1995 setup, the Central Waqf Council had only Muslim members. Now, the amendment has allowed two non-Muslims, and other members like MPs, judges or eminent persons don’t necessarily have to be Muslims.
While scholars in Islamic law, Waqf Board chairpersons, and others are still included in the Amendment Act as representatives, the government has put a condition that the board must have at least two women. This applies not only to the central board but also to state boards, where the government will nominate two non-Muslims and ensure representation from Sunni, Shia, Bohra, Agakhani, and backward-class Muslims, along with two Muslim women.
Waqf Tribunal now answerable to courts
Earlier, the decisions of Waqf Tribunals could be challenged in High Court under rare and special provisions. However, now anyone can appeal in the High Court within 90 days of the declaration of the property as Waqf. It restores judicial oversight and introduces a basic check that should’ve existed from the beginning.
Also, the Muslim law expert is removed from the Tribunal’s composition. The panel will now be headed by a District Court judge, with a joint secretary-level officer from the state government as a member.
Central Government takes the reins on audits and rules
The 1995 Act gave State governments the power to audit accounts. It often meant selective action or none at all. However, now the Central Government is empowered to make rules regarding registration, accounts, audits, and more.
Separate boards for sects now include Bohra and Agakhani
The earlier Act allowed separate boards for Sunni and Shia if Shia Waqf exceeded 15%. The Amendment expands this to include Bohra and Agakhani communities, acknowledging their distinct identity and endowment management needs.
Conclusion
The Waqf (Amendment) Bill, 2024, is not just a minor tweak. It is a major overhaul. Congress gave Waqf Boards unlimited power without checks. Though it does not erase the harm done, it might just stop the next temple, farmland, or village from quietly becoming someone else’s “eternal donation.”
On 2nd April, the Waqf (Amendment) Bill, 2024 was tabled in the Lok Sabha after implementing changes proposed by the Joint Parliamentary Committee (JPC). The JPC undertook a massive public outreach exercise that has rarely been seen before. Reportedly, the committee received a staggering 97,27,772 memoranda from citizens and organisations. The consultations, which included prominent Muslim organisations such as Darul Uloom Deoband, Jamiat Ulama-i-Hind, and Jamaat factions, spanned 10 cities across India. These consultations covered legal, administrative, and communal concerns associated with Waqf property governance.
Union Minister Kiren Rijiju highlighted the extensive consultation for the Waqf Amendment Bill, with over 97 lakh suggestions received. Referred to the Joint Parliamentary Committee, he assured robust discussion on the bill in the Parliament ensuring that all voices are heard.… pic.twitter.com/IPvQmpEi9c
A bill born out of mismanagement and public concern
The Waqf (Amendment) Bill was introduced on 8th August 2024, alongside the Mussalman Wakf (Repeal) Bill, and aims to overhaul the existing Waqf Act, 1995. The bill was introduced after years of complaints regarding illegal land grabs, poor accounting, misuse of Section 40 (used to claim non-Waqf land as Waqf), and lack of judicial oversight. After its introduction in the House, it was sent to the JPC for examination. Twenty-one Lok Sabha members and ten Rajya Sabha members were roped in to examine the bill. The current law in place is far from ensuring transparency and had become a tool for encroachment and bureaucratic overreach.
Consultations with leading Muslim bodies
The Committee’s consultations were extensive. Thirty-six sittings were held, starting from 22nd August 2024. Some of the key organisations consulted were Darul Uloom Deoband, Jamiat Ulama-i-Hind, All India Muslim Personal Law Board, Zakat Foundation of India, All India Pasmanda Muslim Mahaaz, Muttaheda Majlis-e-Ulema led by Mirwaiz Umar Farooq, Anjuman-e-Shiateali Dawoodi Bohra Community, Muslim Rashtriya Manch, Muslim Women Intellectual Group, All India Sunni Jamiyatul Ulama, various Shia Muslim intellectual groups, and civil rights bodies linked to AIMIM.
The meetings highlighted deep concerns about mismanagement across Boards and called for reforms, especially around title verification, tribunal functioning, and surveys.
Ten cities, thousands of insights
The Committee visited 10 cities across three separate schedules to directly engage with the stakeholders. These meetings were held in Mumbai, Ahmedabad, Hyderabad, Chennai, and Bengaluru in the first schedule between 26th September and 1st October 2024. The second schedule of meetings was held between 9th November and 11th November 2024 in Guwahati and Bhubaneshwar. The third and final schedule of meetings was held between 18th January and 21st January 2025 in Patna, Kolkata, and Lucknow.
During these visits, the Committee interacted with 25 State Waqf Boards, local civil society groups, and legal experts. The aim of these meetings was to understand regional variations in how Waqf properties are recorded, managed, and litigated.
A rare instance of legal and communal alignment
The consultations resulted in significant consensus over several issues, including the removal of Section 40. Notably, this section had been misused in cases such as an entire village being claimed as Waqf property, farmers being blocked from selling land, and educational department lands being dragged into Waqf disputes. Out of 30 States/UTs, data was given only by eight States, where 515 properties have been declared as Waqf under Section 40.
Another major change involved empowering revenue officials, not just Waqf appointees, to conduct property surveys. This will align Waqf governance with mainstream land management.
Report finalised, Parliament to act next
The clause-by-clause consideration was completed in the 37th sitting of the Committee, held on 27th January 2025. The final report was submitted to the Lok Sabha Speaker on 31st January 2025.
With such widespread consultations involving religious institutions, activists, law universities, bureaucrats, and millions of citizens, the bill is expected to bring about a more accountable and equitable regime for Waqf properties in India.
