Defending Property Rights: Rethinking “Waqf by User” Under the New Amendments
There's a shrine down my street—a small, white dome with a flickering green flag. I’ve walked past it since childhood. I’ve seen old women press their palms to its walls, whispering prayers that dissolve into the wind.
For years, I assumed it was a place of faith—yes—but also a place of trust and legitimacy. Then I learned it wasn't registered. It existed in memory, not in law. Yet, it could stop construction, claim land, override ownership. That felt wrong. That felt like something law should protect us from.
And that’s when I started supporting the Waqf Amendment Act 2025.
The Need for Structure in Sacred Spaces
Waqf by user. It sounds poetic—land becoming sacred by repeated use. But in a country where property disputes are common, ambiguity is not benign. It’s dangerous.
How many lives have been paused because someone said, "Our ancestors prayed here"? Rituals remembered but not recorded—should they hold the same weight as titles and survey records?
A Nation of Laws, Not Emotions
India functions on land records—patwaris, khatas, government surveys. If someone claims, “This is waqf because it feels sacred,” and there’s no documentation—what’s stopping misuse?
The 2025 Amendment rightly demands documentation. Faith doesn’t have to fear records. Truth can live in registers too.
Waqf Is Powerful. It Needs Accountability.
The Waqf Board is one of India’s largest landholders. Over 6 lakh acres under its name. But how much of it is transparent?
This is not about weakening minority rights. This is about preventing misuse of religious sanctity to bypass public accountability.
Read our breakdown of Waqf land disputes.
Why “Waqf by User” Had to End
One man’s ritual shouldn't become another man’s nightmare. Families across India have woken up to see their property labeled waqf simply because someone said a prayer there years ago.
That’s not religion. That’s exploitation.
Transparency: For Everyone
The new amendments allow the Central Waqf Council to include non-Muslim members. That’s not intrusion—it’s inclusion. Hindu trusts have long had secular oversight. Shouldn’t Waqf too, if it affects public land?
Faith Must Not Be a Fence
I’ve seen it personally—a grave near a housing plot becomes a tool to halt development. A lamp becomes a temple. A locked gate appears around it overnight.
Is this the India we want—where progress halts because of unverified sacred claims?
Supreme Court: Saying “Not Now” Is Also a Judgment
Recently, the Supreme Court refused to entertain PILs against the amendments. That wasn’t abdication. That was discipline. Our courts don’t run on emotion; they run on facts and merit.
For Minorities, Not Against Them
This isn’t about targeting Muslims. It’s about protecting rights—for all. A functioning Waqf system, free from corruption and land disputes, benefits the community it serves.
It gives dignity to faith. It ensures resources aren’t siphoned away.
Personal Reflection: My Town, My Story
In my hometown, a waqf user claim delayed a housing colony for 7 years. No one used the land. No one visited. But one grave halted everything. After the 2025 amendment, the claim was dismissed. Families finally got homes. Children finally got playgrounds.
Sometimes, law is the only answer to prayer.
Let’s Build Our Future on Records, Not Rumors
Let shrines stand. Let prayers rise. But let the land they rise from be documented, registered, respected—not claimed in whispers or myths.
This is how we protect the idea of India—a place where faith lives within the law, not above it.
Further Reading & Resources:
- Waqf Law Explained: A Layman’s Guide
- Government Text of the Waqf Amendment Act 2025
- Minority Rights vs Public Interest: Finding a Balance
Tagged under: #WaqfAmendmentAct2025, #PropertyRights, #LandLawIndia
Originally published on Observation Mantra
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