Interview/Kiren Rijiju, Union minister of minority affairs
After marathon debates in Parliament that cleared the Waqf (Amendment) Act, 2025, Union Minister of Minority Affairs Kiren Rijiju is busy laying ground for the rules to be framed. He says the rules will be according to practical requirement. “If any particular property is under dispute, it is natural that the matter will be decided by the court,” he tells THE WEEK. Those who are opposing the new law, he adds, either do not understand the law or want to use it as a political tool. Excerpts from an interview:
Several petitions are being filed in the Supreme Court terming the new law unconstitutional and an infringement on rights of minorities. Do you think the legal battle can be a stumbling block in the smooth rolling out of the law?
I won't comment on court matters. Any citizen can go to court. The government has done what is in the interest of not only Muslims, but the entire nation. It is for the courts to guage the necessity on ground and whether those who are opposing the law are using it as merely a political issue.... The bill does not aim to snatch the land or mosques of the Muslim community, as being claimed by the opposition, and it would not be applied retrospectively. Spreading these fears is a political gimmick, [and] goes against the interest of the Muslim community. So it is being opposed by those who have either not understood the law or those who deliberately want to use it as a political tool. The government has been working on the motto ‘Sabka Saath, Sabka Vikas’, and will continue to do so.
The new act has come into force. What’s next?
We drafted the legislation after extensive consultations with stakeholders, deliberated in the joint parliamentary committee, and the Parliament has approved it after lengthy discussion. Now that the act is passed, we will frame the rules. The law will come into force once the rules are framed. The legislation is very clear. The intention is to make properties very document-specific and ensure proper management of waqf properties. The rules will be according to practical requirement.
If any particular property is under dispute, it is natural that the matter will be decided by the court. This act will have no bearing on any property which is under dispute. Law of limitation will apply to check invalid and unreasonable claims. If there is any dispute or illegal occupation of property without valid documents, then survey and mapping of the property will take place. A provision has already been made for the deputy commissioner of the district to carry out the survey, instead of a survey commissioner as per the old law. Now, the district collector is allowed to review properties that might be misclassified as waqf’s, especially if they are actually government property. There is no change as far as legitimate waqf properties are concerned. So there is nothing ambiguous about it.
It is being said that the largest number of properties in the country, after defence and railways, are waqf properties. What about temple trust properties and others?
The waqf properties are the largest in the country. We cannot compare it with railway and defence properties, as these are owned by the government. They are public properties, not private. The waqf properties are created by the waqif, dedicating his property to God for religious, pious or charitable purposes; it is managed by the mutawalli (administrator). What we are saying is that the management of the waqf property should be done properly, and the benefit would be for Muslims only; other communities cannot use waqf properties. So what wrong are we doing in ensuring the usage of waqf properties to help the poor? There has been an attempt to spread confusion that the law interferes with the religious practices of the Muslims. While waqf or charitable endowment is religious, the waqf boards are statutory bodies only to ensure the proper management of waqf properties.
Can you explain the constitution of the Waqf Council in light of concerns being raised regarding representation of non-Muslim members?
The council would be formed by the Union government and boards of the respective state governments and Union territories. It is very clear that the selection process is democratic and completely secular. For example, a member of Parliament is religion-neutral. We do not elect a member of Parliament based on his or her religious affiliation. Religious identification with MPs or MLAs is not good. The body will also have representation of experts and those who are knowledgeable about Islamic laws, and also members from municipalities. The Sachar Committee had also suggested that the Waqf Board should be broad-based and its representation should be expanded. Under the new law, different sects of Muslims will be represented.
Can you explain the provision for audit of Waqf properties and what does it entail?
Under the new law, the audit can be done by any auditor in the state government panel list. There is an option foran audit by the Comptroller and Auditor General of India.... Many of the waqf properties are centuries old, some have been rented for peanuts or illegally sold off. There are many cases; I cannot go into the detail of all of them. A majority of Muslims have come out in support of the law to address the problems that existed under the old law. The weaker sections and marginalised groups within the community have long been insisting to make the legal provisions stringent so that misuse of waqf properties can be prevented.
You have pointed out that Muslim-dominated countries have systems for better management of waqf properties.
All Muslim countries have proper management of the waqf properties. In India, we have been lopsided in our approach. Loopholes in the old act led to mismanagement and misuse of the property. That is why it was required to take steps. We are only doing what is allowed by the Constitution of India and what is good for the country. We have to do what is needed for the welfare of the people.