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Picture Courtesy: THE HINDU

Context:

Petitioners challenge Waqf (Amendment) Act, 2025 in Supreme Court, calling it discriminatory and unconstitutional.

Waqf (Amendment) Act 2025

It is a new law passed by the Parliament to reform the management of waqf properties—lands or buildings dedicated by Muslims for religious or charitable purposes under Islamic law.

It became effective on April 8, 2025, after President Droupadi Murmu signed it. The law amends the Waqf Act of 1995, aiming to improve transparency and regulation.

However, it sparks intense debate because petitioners, including Muslim organizations and leaders, argue it violates minority rights and allows the government to seize waqf properties.

The Supreme Court is hearing petitions challenging the Waqf (Amendment) Act, 2025. These petitions, filed under Article 32 of the Constitution, claim the law is unconstitutional and discriminatory. The court reserves its judgment.

What Are the Petitioners’ Concerns?

“Creeping Acquisition” of Waqf Properties

Petitioners call the Act a “creeping acquisition,” meaning the government is slowly taking control of waqf properties. They say Section 3C allows any person, even an encroacher, to dispute a waqf property’s status. A government officer, like a district collector, investigates the dispute without a clear timeline or procedure. During this investigation, the entire property loses its waqf status, discontinuing its use for schools, hospitals, or mosques. The government can also demolish structures or give the property to others without compensating the Muslim community.

Violation of Minority Rights

The Act allegedly violates Articles 14 (equality), 25 (freedom of religion), and 26 (right to manage religious affairs) of the Constitution. Petitioners argue it targets Muslims specifically. For example, Section 3(r) requires a person to prove they have practiced Islam for five years before creating a waqf. No such rule exists for other religions, like Hindu endowments.

Non-Muslims in Waqf Boards

The Act allows non-Muslims to serve on waqf boards and the Central Waqf Council, which manage waqf properties. Petitioners argue this undermines the Muslim community’s right to administer its religious institutions, as guaranteed by Article 26. They mention that Hindu temples or Sikh gurudwaras do not include non-members in their management, so why should waqf boards?

Impact on Unregistered Waqfs

Many waqf properties, especially “waqf-by-user” (properties used for religious or charitable purposes for centuries without formal registration), lack proper documentation. The Act invalidates these unregistered waqfs and prevents them from approaching courts to prove their status. Petitioners say this threatens half of India’s eight lakh waqf properties, potentially erasing centuries-old religious and charitable sites.

Ancient Monuments and Waqf Properties

Section 3D states that waqf properties declared as ancient monuments under laws like the Ancient Monuments Preservation Act, 1904, lose their waqf status. Petitioners argue this is unfair because heritage preservation should not cancel a property’s religious identity. They worry this could affect historic sites like the Sambhal Jama Masjid, disrupting protections under the Places of Worship Act, 1991.

Discrimination Against Tribal Muslims

Section 3E prevents land owned by Scheduled Tribes under the Fifth or Sixth Schedule of the Constitution from being declared waqf. Petitioners call this discriminatory, as it restricts Muslim tribals from dedicating their land for religious purposes, a right other Muslims have.

Misleading Data on Waqf Growth

The government claims waqf properties grew by 116% from 2013 to 2024, suggesting land-grabbing. Petitioners counter that this data, from the Waqf Assets Management System of India (WAMSI), only shows better registration compliance, not new waqfs. They argue the government uses this to mislead the court and public.

Government Response

Waqf is Not Essential to Islam

The government says waqf is a charitable practice, not a core part of Islam, so regulating it does not violate religious rights. It compares waqf to Hindu concepts like “Moksh” (liberation), suggesting both are optional practices.

Historical Regulation

The Centre notes that waqf registration has been mandatory since 1923, not a new requirement. It argues the 2025 Act simply strengthens existing laws to prevent misuse, like private or government land being wrongly claimed as waqf.

Non-Muslims in Board

The government clarifies that only two non-Muslims can join waqf boards, ensuring Muslims remain the majority. It says waqf boards handle secular tasks (like property management), so non-Muslim inclusion does not affect religious rights.

Protection Against Encroachment

The Act protects public and private land from being falsely claimed as waqf. It mentions past court rulings allowing the government to reclaim such land. The Act ensures disputes are resolved by waqf tribunals or higher courts, not arbitrarily.

No Immediate Harm

The government assures the Supreme Court it will not denotify waqf properties or appoint non-Muslims to boards until the court decides. This promise reduces the need for an immediate stay.

What Next?

The Supreme Court focuses on three issues: the power to denotify waqf properties, the inclusion of non-Muslims in waqf boards, and the process for identifying waqf properties. It emphasizes that any challenge to the 1995 Waqf Act is separate and not part of this case.

The final decision on the Act’s constitutionality will take longer, but the decision on the interim stay will shape the immediate future of waqf management, while the broader constitutional challenge could redefine India’s approach to religious endowments.