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

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

This 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 practicing Islam for at least five years and having ownership of such property.

In the new version — 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 there must be “no contrivance [manipulation or trickery] involved in the dedication of such property”.

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 proof 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 practicing that religion for five years or now…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 Waqf Act of 1995. The Bill 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, improving the registration process, and increasing 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, then I have no solution for that,” Rijiju added.

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