Most draconian Waqf section 40 to be done away with: Kiren Rijiju

New Delhi: Union Minister for Minority Affairs Kiren Rijiju on Wednesday said the Waqf (Amendment) Bill, 2025, proposes to repeal Section 40 of the 1995 Act, as it gives the boards power to decide on a property.

Calling the section the most draconian law, Rijiju said this has now been done away with.

“It gave the power to Waqf Boards to declare any property as its own. Now, it will no longer be the case,” he pointed out.

Section 40 allowed the Waqf Board to declare any property as Waqf. Once a property was designated as Waqf, ownership was transferred from the individual to the board, rendering it almost irrevocable. The irrevocability has led to various disputes, including the Bengaluru Eidgah ground, claimed as Waqf property, and the Surat Municipal Corporation building, which is claimed due to its historical use as a ‘sarai’ during the Mughal era.

As Section 40 led to disputes, one could challenge them before a Waqf Tribunal, whose decision was final, and courts could do nothing. This grave anomaly will be removed in the new Act after the amendments get ratified by Parliament.

The new amendments in the Bill facilitate appeal in higher courts if the concerned party is not satisfied with the Waqf Tribunal decision. Appeals can be filed in the high court within 90 days, and the district collector will verify the genuineness of registration applications.

The Union Minority Affairs Minister, on Wednesday, tabled the Waqf (Amendment) Bill, 2025, as proposed by a Joint Parliamentary Committee, in the Lok Sabha for consideration and passage. The Bill seeks to improve the administration of Waqf properties, introduce technology-driven management, address complexities and ensure transparency.

After introducing the Waqf Amendment Bill in Lok Sabha, the Parliamentary Affairs Minister raised a series of questions: Since our country has the largest Waqf property in the world, why hasn’t it been used for education, building hospitals, skill development, or income generation avenues for poor Muslims? Why has no progress been made in this regard so far?”

He said, “…if this government, under the leadership of PM Modi, is working for the betterment of poor Muslims, then why is there an objection?”

The minister said that the railway tracks, stations, and infrastructure belong to the nation, not just to Indian Railways… Similarly, defence land, the second-largest landholder, is meant for national security and military training. “How can that be compared to Waqf land? …A lot of Waqf properties are private properties now,” he said.

–IANS