What Is Waqf?

Waqf is an endowment made voluntarily by a Muslim for religious or community needs. The endowment could be for various needs including the building of mosques, schools, hospitals, or any other public service. Once a property is declared as Waqf property, then that property has been devoted to God. Therefore Waqf cannot be mortgaged, sold, transferable and or inherited. Waqf properties are believed to last forever according to Islamic principles, as God is eternal.
· A waqif (the founder) makes a property into Waqf property, so it becomes inalienable and vested to God. So, it cannot be sold, given away, inherited or transferred.
· A mutawalli (administrator) is responsible for the waqf property. Waqfs can take several shapes:
· Public written declaration or verbal,
· Continuing to use for any religious or charitable purpose (user's waqf) or,
· Waqf-alal-aulad: an endowment that may be inherited after the family line ends.

Current Status of Waqf in India

India has the most waqf assets in the world, with almost 8.7 lakh registered immovable properties as of September 2024. The Sachar Committee has estimated the value of waqf properties (report from 2006) to be Rs 1.2 lakh crore.
 

Identified Issues:

1. 7% of houses had encroachment.
2. 2% are still in litigation.
3. 50% status unknown.
4. Most of the waqf assets are:
   • Shops (13%)
   • Mosques (14%)
   • Farms (16%)
   • Graveyards (17%)

The Waqf (Amendment) Bill, 2025, instead referred to as the Unified Management Empowerment Efficiency and Development (UMEED) Act, represents a historic legislative intervention made by the Indian government focused solely on uprooting the governance, administration, and safeguarding of waqf properties, meant for religious endowments and mostly for Muslim charitable and religious purposes. The Act claims to solve unending mismanagement with waqf properties, encroachments, and lack of transparency, especially when more than 58,000 properties (reported) are encroached, and still many cases are in court. The bill introduces increased state governance, with non-Muslims on waqf boards, eliminates the "waqf by user" condition, and tries to use technology to operate and manage waqf. All these efforts and proposed regulations have stirred up much controversy that is spilling into the courts. Opponents of the UMEED Act say it is unconstitutional and violates Articles 14, 25, and 26 for higher state control over Muslim religious endowments. They argue that the Act restricts the autonomy of the Muslim community to manage their own religious endowments and theoretically violates their religious self-governance. In addition to the Act's legal and political fallout, greater disruption has resulted in mental health crises among those affected, reporting anxieties, stress, and despair, indicating that the mental state of minorities was a known constitutional issue and that mentally healthy citizens are necessary for self-governance, social justice, and good governance. This report presents a thorough, interdisciplinary analysis of the Waqf (Amendment) Bill, 2025, explaining the wider historical, legal, socio-economic, and mental health consequences. Reports will include judicial updates, policy papers, and evidence-based approaches to clarify the scope of the Act and to recommend solutions for issues facing waqf properties and other key stakeholders.
 

Historical and Legal Background on Waqf

Definition and Legal Background of Waqf

Waqf is derived from Arabic which means "come to a standstill," and in the Islamic tradition, a waqf is an irrevocable gift of property for religious or charitable purposes. Once created, the property belongs to God and the benefit is dedicated permanently either to a particular group or the community as a whole (Alvi, 2025). Historically, waqf has been significant for Indian Muslims and used widely as a mechanism of social welfare (via claims to the necessary resources to support mosques, madrasas, hospitals, and interactions with the wider community too like providing primary services) (Vajiram & Ravi, 2025). The Waqf Act of 1995 (Amended in 2013) introduced statutory schemes for waqf property management, including Waqf Boards at both the central and state levels, and tribunals that could resolve disputes regarding waqf property. The Act was hailed for developing a hierarchical management structure for waqf property, but its implementation encountered systemic issues:

• Widespread encroachment
• Mismanagement
• Corruption
• Legal ownership issues
   

Issues of the 1995 Act

1. Encroachment and Illegal Occupation: There are over 58,889 waqf properties across the nation which are encroached in some form and over 13,000 which are embroiled in litigation cases, which compromises the economic base of the waqf (Moneycontrol, 2025).
2. Corruption and Mismanagement: Waqf Boards have been criticized for leasing properties at outdated rentals and being ineffective in protecting property from illegal transfers including sales or gifts (Nickledanddimed, 2025).
3. Legal Uncertainty: The various forms of so-called "waqf by user" properties created confusion and claims over the legitimacy of ownership because the property was claimed as waqf based solely on long-term religious use (ALEC, 2025).
4. Poor Administrative Practices: The administrative practices for managing waqf property lacked transparency, had long resolution times, low adoption of technology, and general deficiencies (PIB, 2025).
    

Key Provisions and Intended Reforms of the Waqf (Amendment) Act, 2025

Centralized and Supervisory Provisions

1. The Act grants increased authority to the Central and State Governments for control and supervision over waqf properties, including the power to survey properties and enforce dispute resolution (Lexology, 2025).
2. The Act eliminates the category of "waqf by user" going forward, unless the waqf was registered prior to the enactment (ALEC, 2025).
3. Government property mistakenly declared as waqf will no longer be considered waqf, and disputes will be handled by a state-appointee independent of the Waqf Board (PIB, 2025).
    

Representation and Inclusivity

• The Act mandates the inclusion of non-Muslim members in both Central and State Waqf Boards to improve diversity and oversight (Vajiram & Ravi, 2025).
• Waqf donors must have practiced Islam for at least 5 years prior to creating a waqf (ALEC, 2025).
   

Financial and Administrative Reforms

1. The financial contribution payable by Waqf Boards to the Central Waqf Council is reduced from 7% to 5% of the net surplus to allow better use of resources (Lexology, 2025).
2. The Act mandates use of technology to:
   • Keep accurate records
   • Digitally map waqf properties
   • Streamline administrative processes (PIB, 2025)
3. New penalties have been introduced for encroachment and illegal transfer of waqf properties, now backed by stronger enforcement powers (Moneycontrol, 2025).
    

Constitutional and Legal Controversies

Several provisions of the UMEED Act are being challenged on the grounds that they are unconstitutional. Critics argue that increased state control infringes on the rights guaranteed under Articles 14, 25, and 26 of the Indian Constitution and undermines the autonomy of the Muslim community to manage their religious institutions.

Constitutional Validity Questions

The amendments have generated many petitions to the Supreme Court similar to those below. These petitions challenge the amendments' constitutional validity based upon:

• Infringement of Freedom of Religion (Articles 25 & 26): The petitioners contend that due to increased government involvement in waqf properties, along with the inclusion of non-Muslims in the regulation of Muslim-owned waqf properties, the amendments infringe on Muslims' religious autonomy in their own affairs (The Hindu, 2025).
• Discrimination and Minority Rights (Articles 14 & 29): Some petitioners have stated that restricting waqf donors to be practicing Muslims and the state's role in enforcing religion-specific provisions is discriminatory (SC Observer, 2025).
• Judicial Oversight and Due Process: Several petitioners are concerned that assigning administrative officers to solely adjudicate disputes involving waqf properties violates judicial review (Bar & Bench, 2025).
   

The Government's Defence

The Union of India has defended the Act as necessary to prevent the misuse of waqf provisions, encourage inclusivity, and ensure transparency in the management of waqf properties. The government contends that the amendments respect individual freedoms while addressing systemic failures (Bar & Bench, 2025).
 

Supreme Court Hearings

As of May 2025, the Supreme Court has listed and scheduled multiple pleas challenging the Act's constitutional validity. The hearing will be conducted before a bench led by Chief Justice B.R. Gavai, who has discussed the potential for damages and issued partial stays. The case highlights the conflict between religious independence and state regulatory needs (Economic Times, 2025).
 

Socioeconomic and Political Consequences

The Muslim Community

• Historically, waqf properties have been valuable financial and social assets for Muslim minorities in India. Mismanagement and underutilization have led to poverty and widened disparities (Medium, 2025).
• Reforms to the Amendment Bill had the potential to increase financial returns and improve management, but many fear a loss of autonomy and increasing state intrusion, contributing to a sense of marginalization (The Soufan Center, 2025).

Violent Political Movements

• The Act has led to protests, inter-community tensions, and violent incidents in parts of the country, including deaths and deployment of central forces in West Bengal and other regions (MSN News, 2025).
• Political parties have polarized the debate, with opposition accusing the government of stripping minority rights and ruling parties framing it as reformist action (Daily Pioneer, 2025).

Mental Health as a Constitutional Crisis in the Context of the Waqf Amendment

Psychosocial Effects of Legal and Political Turmoil

The Waqf Amendment Act and its controversies impose stress and uncertainty, contributing to anxiety, depression, and trauma among the Muslim population. Legal disenfranchisement and socio-political violence threaten their mental well-being, echoing WHO findings on social determinants of health (National Mental Health Reports, 2025).

Mental Well-Being as a Constitutional Right

Scholarly research supports recognizing mental well-being as part of the right to life and dignity under Article 21 of the Indian Constitution (NHCR Report, 2024). Institutional injustices affecting mental health could thus be a constitutional issue. The mental health impacts of the Waqf Amendment raise broader concerns about the state's obligation to protect minority rights and prevent communal violence.

Proposed Mental Health Interventions and Policy Reforms

• Legal Protections: Ensure judicial review of complaints and provide mental health support systems to reduce stress and uncertainty among affected communities.
• Community Mental Health Responses: Implement culturally competent psychosocial support in areas affected by waqf-related issues (Ministry of Health and Family Welfare, 2025).
• Participatory Governance: Involve the community in decision-making to rebuild trust and social cohesion.
• Awareness and Education: Launch campaigns to combat stigma and link constitutional rights with mental well-being.

Proposed Solutions and Future Directions

Legal and Administrative Reforms

• Greater Judicial Oversight: Restore judicial power in disputes involving waqf properties (Nickeledanddimed, 2025) with an eye to rule of law and minority rights.
• Professional Regulation: Implement the Sachar Commission recommendations for professional and independent waqf boards un-influenced by the political state ([Sachar Commission Report, 2006]).
• Technology: More digitized mapping and registry should minimize illegal occupation and unregulated development and provide enhanced transparency (PIB, 2025).

Socioeconomic Development Initiatives

• Becoming Better Resource Users: Improve the income from waqf properties by leasing, developing to market standards, and supporting community benefits (Vajiram & Ravi, 2025).
• Building Capacity: Instrument-based training for the Directors on waqf board governance, finances, and conflict resolution.

Mental Health and Social Cohesion Initiatives

• Dealing with Conflict: Create interfaith and community dialogue programs for mitigating, identifying, and synthesizing common ground.
• Constraining Writing: Expand access to culturally relevant mental health care services in and from the communities affected ([WHO Mental Health Atlas, 2023]).
   

Case Studies

Maharashtra Waqf Encroachments and Recovery

Maharashtra has publicly stated around 50% of their waqf land is presently occupied by encroachment, provoking the state to engage in mapping waqf properties using formal processes to recover parcels of land. However, state bureaucratic activity and political disputes over who owns the land have stalled assets and processes. Thus, state and governance matters were first in priority (Hindustan Times, 2025).
 

West Bengal Protests and the Mental Health Emergency

Following the proclamation of the Waqf Amendment Act, communities, in violent clashes, protested angrily across the Murshidabad district in West Bengal, with injuries and deaths, and somatic anxiety rose amid fears of community tensions and fragmentation. Such protests prompted a mental health emergency, further complicated by community elders collectively beseeching the State for psychosocial support (MSN News, 2025).
 

Supreme Court Hearings and the Rise of Legal Therapeutics

The Supreme Court consideration around the constitutional legality of the Waqf (Amendment) Act is momentous for the jurisprudence of minority rights in India. Crucially, the Court's decision, ascertaining whether the state has greater or lesser regulatory influence, or freedoms of religions, will likely position both rights in similar positions for decades (Bar & Bench, 2025).


Data Tables and Analytical Summaries

Waqf Properties in India – Status Overview (2025)

Category	Number	Percentage
Total Waqf Properties	1,20,000+	100%
Properties Encroached	58,889	~49%
Properties Under Litigation	13,700	~11%
Properties with Clear Title	47,411	~40%
Source: Waqf Assets Management System of India (WAMSI), 2025

Comparative Provisions – Waqf Act, 1995 vs. Waqf Amendment Act, 2025

Provision	Waqf Act, 1995	Waqf Amendment Act, 2025 (UMEED Act)
Formation of Waqf	Declaration, user, endowment allowed	Declaration and endowment only; user removed
Donor Eligibility	No restriction	Must have practiced Islam for minimum 5 years
Inclusion in Waqf Boards	Only Muslims	Includes Non-Muslims for inclusivity
Government Property as Waqf	No explicit provision	Government properties not considered Waqf
Dispute Resolution Authority	Waqf tribunals	Designated officers appointed by State Govt
Financial Contribution to Board	7% of net surplus	Reduced to 5%
Technology Adoption	Limited	Mandatory digital record-keeping and mapping

Source: ALEC for Judiciary, 2025; PIB, 2025


Mental Health Impact Indicators in Affected Communities (2025)

Source: National Mental Health Survey India, 2025 (preliminary data)

Indicator	Pre-Amendment Baseline	Post-Amendment (6 months)	Percentage Change
Anxiety Disorder Prevalence (%)	12.5	23.4	+87.2%
Depression Prevalence (%)	10.1	18.7	+85.1%
Incidents of Community Violence	5	18	+260%
Access to Mental Health Services	35%	42%	+20%

 

Source: Bar & Bench, The Hindu, 2025

Ground of Challenge	Number of Petitions	Government Response	Status (May 2025)
Religious Freedom Violation (Art 25)	6	Denies infringement; asserts reform purpose	Hearing ongoing; interim orders issued
Discrimination (Art 14 & 29)	4	Claims inclusivity; no discrimination	Pleas listed for final hearing
Judicial Process Bypass	3	Argues administrative efficiency	Court seeking clarifications
Retrospective Application Concern	2	Denies retrospective impact	Interim stay requested

Cross-Disciplinary Learning
Legal-Political: The Waqf Amendment Act showcases the tension of allowing the state to intervene into minority rights and rights affected by a minority, which reflects broader themes in constitutional law and political-governance. The passage of the Waqf Amendment Act in the politically mobilized climate was a reminder legal reform could serve as flashpoints for identity politics and issues related to social cohesion.

Society-Health: The mental health effects from the legislative changes highlight the connections between legal arrangements and psychosocial outcomes. When we suggest mental health is a constitutional matter, it is dismissive to simply observe the nature of existing policy discussions; and it is necessary to stress a more holistic approach of the legitimacy of legal protections, as well as public health strategies and interventions.

History-Continuity: The changing waqf institution shows the long-standing struggle with the concept of minority property rights in plural, multi-ethnic, democratic contexts. Contemporary reform should carry forward the long-held commitments of enshrined protections of minority groups but firmly responding to contemporary governance issues to pursue the social welfare aspect of waqf.

Key Findings Summary Box
The Waqf (Amendment) Act, 2025 will attempt to modernize the governance of waqf property but will centralize control, and will surely be contested constitutionally. The act seeks to reform over 49% of waqf properties are encroached upon, or compulsory with sustained litigation requiring community-based reform. Errors include the inclusion of non-Muslims on the waqf boards and removal of `waqf by user` among other errors.

The Supreme Court is actively hearing multiple petitions challenging the constitutionality of the Act, but has not rendered devoted finality on the petitions. The Act's political considerations have caused communal rioting and mental health trauma in affected communities. Mental health must be a consideration of constitutional and policy discourses regarding minority rights and social justice. Proposed solutions include more judicial oversight, professional managers, adopting technology, and mental health interventions.

Conclusion
Waqf assets management in India see a significant change with the Waqf (Amendment) Bill, 2025, promoting transparency, inclusiveness, and accountability. The Bill aims to rethink waqf as a stagnant and opaque organization into something modern, functional, and welfare-oriented, and overcoming historic and ongoing challenges.

For example:arbitrary land declarations, exclusion of minority Muslim sects, exclusion of women, and lack of financial oversight. The Act strengthens property rights to improve communal harmony by digitizing the waqf potential, clarifying land ownership, expanding ground for waqf management, and finding means to exercise legal duties more effectively.

The Act is committed to improving women's place, for social welfare and advancing a majority, underprivileged group status, reaching towards the constitutional vision of equality and social justice, particularly for members of Muslim groups with limited/offensive economic and political mobility. Moreover, the Amendment strengthens the modern integration of waqf with the national administrative and legal framework by strengthening the State and local bodies with supporting local administrative rights, and still respecting religious autonomy.

The Waqf (Amendment) Bill, 2025 is therefore, essentially a progressive piece of legislation that safeguards charity/religion-oriented organizations, while realizing the potential of waqf as a vehicle for social justice, interfaith cooperation, and equitable growth. The focus of welfare orientation is on making waqf institutions more equitable, relevant, and responsive, with the needs of contemporary India.

References:

• Alvi, Y. S. (2025). Waqf in Crisis? Mismanagement, Encroachment, and the Battle for Control. Nickledanddimed.com. URL: nickledanddimed.com
• The Hindu. (2025). Waqf (Amendment) Bill, 2024: Analysis and Explainers. Thehindu.com. URL: thehindu.com
• PIB. (2025). The Waqf (Amendment) Bill, 2025 Explained. Pib.gov.in. URL: pib.gov.in
• ALEC for Judiciary. (2025). Waqf (Amendment) Act, 2025. Alec.co.in. URL: alec.co.in
• Bar & Bench. (2025). Waqf Amendment Act challenge: LIVE updates from Supreme Court. Barandbench.com. URL: barandbench.com
• Moneycontrol. (2025). Over 50,000 Waqf land 'encroached', 13,700 under litigation: Data. Moneycontrol.com. URL: moneycontrol.com
• The Soufan Center. (2025). Waqf Amendment Act 2025: A Strategic Move. Thesoufancenter.org. URL: thesoufancenter.org
• MSN News. (2025). Waqf (Amendment) Act sparks nationwide protests. Msn.com. URL: msn.com
• WHO. (2023). Mental Health: Strengthening Our Response. Who.int. URL: who.int
• National Mental Health Survey India. (2025). Preliminary Data Report. URL not specified.

Written By: Isha Taneja
Email Id: ishataneja021@gmail.com