SACRED GAMES

The waqf row reveals deeper tensions in BJP’s vision for legal uniformity, and raises fundamental questions about state power and religious autonomy

- KANU SARDA

Is the state merely supreme, or is it also sacred? Does it tower above all other social, cultural and religious institutions created by citizens who follow diverse practices and beliefs? In a state governed by laws, do the laws reign supreme, too?

These weighty questions—essentially concerning the supremacy of the Constitution over paralegal religious traditions—are becoming pronounced under the BJP-led Union government, which has in recent years passed legislative reforms that some hail as steps to strengthen secularism by ensuring legal uniformity and others decry as assaults on religious rights and pluralism.

The BJP views legislations like the Citizenship (Amendment) Act and the criminalisation of triple talaq, both passed in 2019, and measures such as ‘One Nation, One Election’ and uniform civil code, as steps to legally unify India’s fragmented secular system. The most recent such milestone is the Waqf (Amendment) Act 2025, passed by Parliament and assented to by President Droupadi Murmu on April 5.

The act amends the Waqf Act, 1995, which governs properties dedicated by Muslims for religious or charitable purposes under Islamic law. With 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of ₹1.2 lakh crore, the waqf system is a significant socioeconomic institution. But it has long been viewed as mismanaged, corrupt and non-transparent. The 2025 act introduces key changes: mandatory registration of waqf properties, inclusion of non-Muslim members in waqf boards and the Central Waqf Council, and provisions to ensure women’s representation in waqf administration.