Senior High Court advocate Divya Prasad.
| Photo Credit: V RAJU
The UMEED Act, or the Waqf (Amendment) Act, 2025, should be viewed legally and not with the angle of religion, said Divya Prasad, a senior advocate practicising at the Andhra Pradesh High Court.
Speaking at a seminar on the subject recently, she agreed that there are many pitfalls and challenges in the Act and these provisions need to be reworked. Ms. Divya pointed out that main bone of contention of ‘Waqf by user’ and the ‘Registration of the land’ was already mentioned in the Mussalman Waqf Validating Act of 1913 and later in the 1954 Waqf Act and also in the later amendments. So the new amendment having these aspects is not new. “Moreover, the Act encapsulates what the Sachar Committee had intended to do,” she said.
The UMEED Act touches on some important aspects such as identifying which is Waqf land and which is not and brings a judicial angle to the tribunal, the senior advocate explained. Further, under the new Act the decision of tribunal can be taken in appeal to the High Court.
“Land is a revenue subject and not a religious subject. Earlier, only the Board had the records, now even the Revenue department will have proper records. And it also clears the doubt that who would be the surveyor, as the Act empowers the District Collector as the competent authority,” she explained.
However, senior advocate I.M. Ahmed says the government should consider the fact that ‘Once a waqf – always a waqf’, as the lands have been given centuries ago and many lands do not have even proper documents, he said. “It is true that the Waqf land has not been properly utilised and that is why it would be appreciable if the government enables a proper utilisation of the land so that the community develops and also resume the Waqf lands which have been encroached,” he said.
The government needs to address the pitfalls and give more transparency in the area of concerns such as inclusion of non-Muslim members on Waqf boards, on the argument of increased State control over Waqf properties, concern over overreach and interference in religious matters, among others, he added.
Published – July 03, 2025 06:44 pm IST
