Waqf Amendment Bill: Why Section 3D Is Being Discussed
The recent passage of the Waqf (Amendment) Bill, 2025, by India’s Parliament has ignited significant debate, particularly concerning the newly introduced Section 3D. This section has raised apprehensions among opposition leaders and Muslim communities, who fear it could lead to the loss of numerous religious properties.
Section 3D stipulates that any declaration or notification regarding waqf properties will be rendered void if the property in question was designated as a protected monument or area under the Ancient Monuments Preservation Act, 1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, at the time of such declaration. In essence, this means that waqf properties falling under these categories could lose their waqf status, potentially transferring control to government bodies like the Archaeological Survey of India (ASI).
Asaduddin Owaisi, Member of Parliament for Hyderabad and leader of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), has been a vocal critic of Section 3D. He contends that this provision was introduced surreptitiously during the debate and was not part of the original amended bill. Owaisi warns that this section could result in the waqf board losing control over mosques, imambaras, and dargahs. He further alleges that the government aims to take over approximately 180 waqf properties in Delhi currently under ASI’s occupation, despite recommendations from the Sachar Committee to return these properties to the Delhi Waqf Board.
Owaisi also highlights that during the Joint Parliamentary Committee (JPC) meetings, he submitted a written representation opposing ASI’s proposal and was the sole MP to raise this issue in the Lok Sabha.
The government, represented by Union Minority Affairs Minister Kiren Rijiju, defends the bill as a measure to enhance transparency and efficiency in managing waqf properties. Rijiju asserts that the inclusion of non-Muslim members in the Waqf Board aims to make it more inclusive and secular, facilitating the resolution of disputes involving non-Muslims.
Critics argue that Section 3D could set a precedent for the government to assume control over religious properties under the guise of archaeological preservation. They contend that this undermines the autonomy of religious communities in managing their assets and infringes upon constitutional rights. Opposition parties, including the Congress, have expressed intentions to challenge the bill’s constitutionality in the Supreme Court.
The introduction of Section 3D in the Waqf (Amendment) Bill, 2025, has sparked a contentious debate about the management and ownership of waqf properties, especially those classified as protected monuments. While the government maintains that the bill aims to reform and modernise waqf property management, opponents view it as an encroachment on religious freedoms and property rights. The ultimate impact of this legislation will depend on its implementation and potential judicial review in the coming months.
