Waqf Amendment Bill: ‘Dharm ka certificate dena padega’ — Why Congress opposes ‘practising Islam’ rule in new version

Assam Congress leader and Deputy Leader of the Opposition in the Lok Sabha, Gaurav Gogoi, objected to a provision in the revised Waqf (Amendment) Bill, 2025, tabled in Parliament on Wednesday, regarding who can donate property to Waqf.

Section 3r(A) is among several other sections and clauses of this revised bill that Gogoi said were against the Constitution. Section 3(r)(A) in the new Bill tabled in Lok Sabha on Wednesday prescribes who can donate property to Waqf or create Waqf property.

Waqf Amendment Bill: Old vs revised version

In the earlier version of the bill (Waqf Amendment Bill 2024) (tabled in August 2024), under Section 3(r)(A), any practising Muslim for at least five years could donate property to Waqf. The Waqf Amendment Bill 2024 stated that the owner could be "...any person practising Islam for at least five years, of any movable or immovable property, having ownership of such property..."

It defined “waqf” as waqf by any person practising Islam for at least five years and owning such property.

In the new version of the Waqf Amendment Bill 2025 — tabled in Lok Sabha on Wednesday it is proposed that the property must be owned by “any person showing or demonstrating that he is practising Islam for at least five years…”.

The revised bill also adds that “no contrivance [manipulation or trickery] involved in the dedication of such property” must be included.

Why did Opposition object to this section?

According to Gogoi, the words “showing or demonstrating” in Section 3(r)(A) of the Waqf Amendment Bill 2025 means that a person has to show a certificate to prove his religion to the government.

“Now we have to show a certificate to show which religion we believe in. [ab Dharm ka certificate dena padega]. Will they [government] ask for such a certificate from people belonging to different religions — whether you have been practising that religion for five years or not...why is this provision included in this bill only?” Gogoi asked.

“Is this not against the Constitution? Is this not against Article 26,” the Congress leader said in the Lok Sabha on Wednesday.

Gogoi also mentioned the now-omitted Section 104 of the Principle Act that pertained to properties donated by any person “not professing Islam” to Waqf.

Waqf Amendment Bill 2025

Union Minister Kiren Rijiju introduced the Waqf Amendment Bill 2025 in the Lok Sabha on Wednesday, April 2.

The bill seeks to amend the Waqf Act of 1995. It aims to improve the administration and management of waqf properties in India. It aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards. The bill also improves the registration process and increases the role of technology in managing waqf records.

During his speech, Rijiju clarified that, “Waqf Bill is not interfering in any religious system, any religious institution, or any religious practice in any way.”

He also said the provisions have nothing to do with the management of any mosque, temple, or religious site.

“It is simply a matter of property management. However, Waqf properties are managed by the Waqf Board and the Mutawalli. If someone fails to understand this basic distinction or deliberately chooses not to, I have no solution,” Rijiju added.

The bill was earlier presented in the Lok Sabha in August last year and a Joint Parliamentary Committee, headed by BJP member Jagdambika Pal, examined it.