Waqf Law Challenged; Supreme Court To Hear on April 16th

Amidst the political uproar over the recently passed Waqf (Amendment) Act, the Supreme Court is set to hear a batch of petitions challenging it on April 16.

The bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan will hear the petitions. As per reports, nine petitions have been filed against the legislation. 

The petitioners

The petitions have been filed by AIMIM MP Asaduddin Owaisi, Delhi AAP MLA Amanatullah Khan, Association of Protection of Civil Rights, Jamiat Ulema-i-Hind president Arshad Madani, Samastha Kerala Jamiatul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammad Fazlurrahim and RJD MP Manoj Kumar Jha.

What The Petitioners Have Argued?

The petitioners argue that the provisions in the recent amendments imposed “arbitrary restrictions on Waqf properties and their management, thereby undermining the religious autonomy of the Muslim community”.

“The amendments undermine property rights protected under Article 300A. By expanding state control over Waqf assets, limiting the ability of individuals to dedicate property for religious purposes, and subjecting Waqf properties to heightened scrutiny, the Act goes against the Supreme Court’s judgment that transferring control of religious property to secular authorities is an infringement of religious and property rights,” they have contended.
The petitioners stated that the provisions of the law discriminated against Muslims by imposing restrictions adding that these were not part of the governance of other religious endowments.

The petitioners have also said that the Act violates Article 14 (right to equality) of the Constitution.

The Amendment

The Waqf (Amendment) Bill was passed in the Lok Sabha on April 3, and in the Rajya Sabha during the early hours of April 4. The process involved marathon debates in both Houses of the Parliament.

The Act has been aimed at streamlining the management of Waqf properties (those assets permanently donated by Muslims for religious or charitable purposes), having provisions to safeguard heritage sites and promote social welfare.

It also seeks to improve governance by enhancing transparency in property management, streamlining coordination between Waqf boards and local authorities, and protecting stakeholders' rights. President Droupadi Murmu gave her assent to the bill on Saturday.