The tragic Pahalgam attack gripped the nation and dominated headlines, but quietly in the background, a different kind of assault was underway, this time on constitutional rights. The uproar over the Waqf Amendment Act 2025 was intense. Protests surged, dissent filled the streets and one devastating headline eclipsed another.
What began as a reform measure to clean up the cobwebs around Waqf properties has spiralled into a ‘communal shouting match’.
In the latest run, over 100 petitions later, the Supreme Court refused to entertain any further fresh writ petition challenging the act, signalling that the court may be drawing a line against being used as a battleground for identity politics.
And yet, the noise outside the courtroom only gets louder. While the Congress has rolled out its ‘Samvidhan Bachao Andolan’ and leaders like Mohammed Ali Shabbir claim that the Act is an attack on Islam itself, there’s an uncomfortable but necessary truth that more Muslims need to reckon with, one that the Governor of Bihar, Arif Mohammad Khan has repeatedly underlined.
“The word ‘Waqf’ doesn’t even appear in the Holy Quran”, he said. So why are we letting Maulanas drag religion into what is clearly a governance and accountability issue? He pointed out that the ultimate sufferers are the poor Muslims who need help. “Had the Waqf boards done their work efficiently, there would have been no reason to amend the old Waqf Act”, he said. This point must be kept in mind in the ongoing debate on this controversial issue.
Many leaders have pointed out that this is not about Muslims vs the BJP. This is about accountability vs opacity. The numbers speak for themselves, Waqf land holdings have more than doubled from 4.5 lakh in 2006 to 8.72 lakh in 2024, with the total land area increasing from 6 lakh acres to 37.94 lakh acres. Yet, the actual reported income generated is a pitiful ₹163 crore to ₹166 crore, while experts estimate it to be around 1 lakh crore annually.
Campaigns against the act have framed it as a threat to minority rights. But at no point does the amendment challenge the right of Muslims to practice or manage their religious spaces. Instead, it places scrutiny on the administrative functioning of the Waqf boards, how properties are identified, registered and used.
Also read: Where did Pahalgam terrorists vanish?
Earlier, in Karnataka, the BJP government already initiated geo-tagging and digital mapping of Waqf lands to reduce misuse. Interestingly, even Congress governments in the past like in Telangana have attempted Waqf audits and proposed stronger oversight mechanisms, though with limited success. The problem, it seems, is not who introduces the reform but who is willing to see it through.
Safeguarding minority rights should never mean exempting institutions from reform. This act, when read closely ensure that Waqf boards continue to function, but with greater public responsibility. The idea is not to dismantle but to democratise, not to erase but to ensure lawful use of charitable property.
There are genuine concerns in the community, especially in an environment that often stokes fear. But reforms should be critiqued on the basis of their text, impact, and intent not merely on who introduced them.
Campaigns are ongoing, positions have been at stakes and now the law will speak. What the court decides on May 5 will not just shape the fate of the Waqf Act, but will set the tone for how we approach institutional reform in religious and minority spaces going forward. Reform is not inherently anti-minority and resistance is not inherently unreasonable. But somewhere, the two must find a common ground. Whatever the verdict may be, one hopes it marks a shift towards a more transparent governance not just of Waqf properties but of all public and religious trusts across India.
By Shyna Gupta
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