New Delhi: The All India Lawyers Association for Justice (AILAJ) has issued a vehement objection to the recent amendment to the Waqf Act, labeling its implementation as “bigoted law-making.”
The amendment, which took effect last week, has ignited widespread protests across India, with significant discontent emanating from the Muslim community. The AILAJ’s statement outlines several contentious aspects of the amendment, notably the potential for government takeover of Waqf properties. It further critiques the restriction of Waqf creation to Muslims who have practiced Islam for at least five years, which is perceived as exclusionary to both non-Muslims and certain Muslims.
One of the amendment’s provisions abolishes “Waqf by user,” placing historical Muslim properties without documentation at risk of disputes and possible expropriation, according to the AILAJ. The lawyers’ body also highlights concerns about the concentration of power in the hands of district collectors, which could lead to state seizures of contested lands without proper legal procedures.
The AILAJ also criticized the mandatory inclusion of non-Muslims on Waqf Boards, arguing that it could undermine the institutional autonomy of these boards and potentially lead to hostile takeovers. The association warns that the amendment might have broad implications and could institutionalize systemic discrimination, facilitating state-sanctioned land appropriation and the erasure of Muslim property claims.
Furthermore, the AILAJ contends that the amendment violates Articles 25 and 300A of the Indian Constitution, which protect religious freedom and property rights. The amendment, they argue, could be seen as part of a broader strategy to use procedural and legal obstacles to legitimize land seizures favoring the majority community.
In conclusion, the AILAJ’s statement characterizes the Waqf (Amendment) Act 2025 as a continuation of governmental efforts to marginalize and oppress the Muslim community in India.