21 May, 2025
The Indian government's recent amendments to the Waqf Act, 2025, have sparked significant debate and legal scrutiny. A central point of contention is the inclusion of non-Muslim members in Waqf Boards, which traditionally manage Muslim charitable endowments.
In its defense, the Centre argues that the management of Waqf properties involves substantial secular activities, such as property administration and record-keeping. Therefore, including non-Muslims aims to enhance transparency and accountability without infringing upon religious practices . The government assures that essential religious aspects remain untouched and that the inclusion is limited no more than four non-Muslim members in the 22-member Central Waqf Council, with similar provisions at the state level .
However, this move has faced opposition from various quarters. Critics, including the All India Muslim Personal Law Board, argue that the amendments violate constitutional rights and could lead to the erosion of Muslim autonomy over religious endowments . Legal experts highlight that similar religious boards for other communities, like Hindu temple trusts, do not include members from different faiths, questioning the consistency of this approach.
The Supreme Court has taken note of these concerns, particularly the potential for non-Muslim majorities in Waqf Boards due to the inclusion of ex-officio members . In response, the Centre has assured the Court that no non-Muslim appointments will be made to Waqf Boards until the matter is resolvedÂ
As the legal proceedings continue, the debate underscores the delicate balance between secular governance and religious autonomy in India's diverse society.
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