UMEED Bill: Amendment of Waqf Property Management in India

The UMEED Bill 2025 modernizes Waqf property governance in India, focusing on transparency, efficiency, and inclusivity. Key reforms include mandatory digital registration, abolishment of contentious provisions, and the inclusion of non-Muslim board members. The bill introduces audits, applies the Limitation Act to reduce disputes, and safeguards tribal and inheritance rights. By addressing mismanagement, corruption, and legal ambiguities, it ensures better oversight and equitable use of Waqf assets for community welfare. This landmark legislation blends tradition with modern needs, fostering accountability and empowerment.

The Waqf Amendment Bill 2025, now officially termed the UMEED Bill (Unified Management Empowerment Efficiency and Development), was passed in the Lok Sabha on April 2, 2025. This landmark legislation seeks to address long-standing challenges in the governance of Waqf properties in India. By modernizing the framework established under the Waqf Act of 1995, the bill aims to enhance transparency, accountability, and efficiency in the management of these properties while introducing crucial reforms to resolve disputes and prevent misuse.

Below is an overview of the key highlights, historical context, and significance of the UMEED Bill.

What is Waqf?

The term Waqf refers to the permanent dedication of movable or immovable property for religious or charitable purposes under Islamic law. Once a property is designated as Waqf, its ownership is transferred from the original owner (waqif) to God, making it irrevocable.

These properties, overseen by appointed caretakers (mutawallis), cannot be sold or used for any purpose other than those stipulated under Waqf law. In India, Waqf properties represent a vast and diverse repository of assets, including mosques, graveyards, agricultural land, commercial establishments, and religious shrines, which collectively play a significant role in social, religious, and economic spheres.

The Current State of Waqf Properties in India

India boasts an extensive network of Waqf properties, with over 8,72,324 immovable assets spread across states and union territories. These holdings are among the largest collections of community-owned land globally.

Here’s a breakdown of key statistics:

• Graveyards: 1,50,569 properties (17%)

  
  

• Mosques: 1,19,200 properties (14%)

  
  

• Commercial establishments: 1,13,187 shops and 92,505 houses

  
  

• Agricultural land: 1,40,784 properties (16%)

  
  

• Religious sites (e.g., dargahs, mazars): 33,492 properties

  
  

States with the Most Waqf Properties

• Uttar Pradesh: 2,32,547 properties (27% of the total)

  
  

• West Bengal: 80,480 properties

  
  

• Punjab: 75,965 properties

  
  

• Tamil Nadu: 66,092 properties

  
  

• Karnataka: 62,830 properties

  
  

Some other states, such as Gujarat (39,940), Telangana (45,682), and Kerala (53,282), also have sizeable Waqf assets.

The Legacy and Evolution of Waqf in India

The concept of Waqf, a significant institution in Islamic tradition, has a long and storied history in India. Its roots can be traced back to the early Delhi Sultanate, when Sultan Muizuddin Sam Ghaor made a noteworthy dedication of two villages to the Jama Masjid of Multan, entrusting their administration to Shaikhul Islam. Over time, as the Delhi Sultanate and subsequent Islamic dynasties flourished, the number of Waqf properties in India steadily increased.

During the British colonial era, the institution of Waqf faced challenges. In one notable case, four British judges described Waqf as “a perpetuity of the worst and the most pernicious kind” and declared it invalid. However, their ruling failed to gain acceptance in India.

Milestones in Waqf Legislation

The Waqf Act of 1954

After independence, the government introduced the Waqf Act of 1954 to regulate and manage Waqf properties across the country. This Act led to the establishment of the Central Waqf Council in 1964, a statutory body tasked with overseeing the functioning of various state Waqf boards. These boards were created under Section 9(1) of the Act to ensure the effective management of Waqf properties.

The Waqf Act of 1995

The Waqf Act of 1995 brought significant advancements in the governance of Waqf properties, which are dedicated to religious, charitable, or pious purposes under Islamic law. It outlined the roles and responsibilities of key stakeholders, including the Waqf Council, State Waqf Boards, Chief Executive Officers, and Mutawallis (caretakers of Waqf properties), ensuring clarity in their duties. The Act also established Waqf Tribunals as specialized bodies to resolve disputes within their jurisdiction, replacing civil courts for such matters. These tribunals were granted the same judicial authority as civil courts under the Code of Civil Procedure, 1908, with their decisions being final and binding. To reinforce their authority, civil courts were prohibited from entertaining lawsuits related to issues under the tribunals' purview, streamlining the resolution process.

Challenges and Reforms in Waqf Management

Despite efforts to enhance transparency, such as digitizing 330,000 Waqf property records, significant challenges persist in the governance of Waqf properties. Issues such as mismanagement, legal disputes, and fraudulent practices have raised serious concerns.

One of the most contentious aspects of Waqf is the irrevocable nature of its properties, often leading to prolonged legal battles. For instance, disputes over land ownership, such as the claims over two islands in Bet Dwarka, have highlighted ambiguities in property rights. Encroachments, fraudulent registrations, and poor coordination with revenue authorities exacerbate these issues.

Instances of misuse also exist. Section 40 of the Waqf Act has reportedly been used to claim properties without proper procedures, causing disputes and unrest. A notable example is a case in Tamil Nadu, where an entire village was controversially declared as Waqf land, leaving residents in a state of uncertainty regarding their ownership rights.

To address these challenges, the Ministry of Minority Affairs has initiated reforms aimed at ensuring better governance. Stakeholder consultations and studies of international practices in nations like Saudi Arabia and Turkey have informed these changes. Proposed measures include restructuring Waqf tribunals, streamlining property registration, and implementing stricter accountability mechanisms for Waqf Boards and Mutawallis.

Key Provisions of the UMEED Bill

The UMEED Bill 2025 seeks to modernize the management of Waqf properties through inclusivity, transparency, and technological advancements. Below are the pivotal amendments:

Governance and Inclusivity

• Inclusion of non-Muslim members in Waqf Boards to enhance diversity.

  
  

• Mandatory registration of Waqf properties on a centralized portal within six months.

  
  

Removal of Controversial Provisions

• Abolishes the ‘Waqf by user’ provision, except for properties registered before the bill’s enactment.

  
  

• Repeals Section 40, which allowed Waqf Boards to designate any property as Waqf land without due process.

  
  

Legal and Financial Reforms

• Applies the Limitation Act, 1963 to reduce prolonged disputes.

  
  

• Introduction of government-mandated audits for properties generating an annual income of over ₹1 lakh.

  
  

• Reduces the mandatory contribution of Waqf institutions to Waqf Boards from 7% to 5%, freeing up funds for charitable activities.

  
  

Safeguards and Protections

• Prohibits Waqf on lands under Schedule V and VI to protect tribal communities.

  
  

• Ensures inheritance rights for women and children before properties are designated as Waqf.

Significance of the UMEED Bill

The UMEED Bill marks a groundbreaking initiative aimed at addressing the longstanding challenges in Waqf property management. By promoting transparency through digitized records and regular audits, it seeks to reduce corruption and inefficiency. The Bill also prioritizes safeguarding the interests of vulnerable groups, including women, children, and tribal communities, ensuring their rights are protected. Additionally, it modernizes Waqf administration by introducing technology-driven processes to streamline operations, enhancing efficiency. Furthermore, the Bill emphasizes the importance of diversity by advocating for a more inclusive composition of Waqf Boards, fostering better community representation and empowerment.

Conclusion

The UMEED Bill is a bold and necessary reform that aligns with the evolving needs of India’s diverse society. By modernizing Waqf property management, the legislation not only addresses historical grievances but also paves the way for more equitable and efficient utilization of these assets for community welfare.

As India moves forward with the implementation of this landmark legislation, it holds the promise of bringing clarity, inclusivity, and accountability to the administration of Waqf properties, ensuring their optimal use for religious and charitable purposes.