The Waqf (Amendment) Bill recently sparked one of the most spirited debates in Parliament, with both the Lok Sabha and Rajya Sabha discussing its amendments for over 12 hours. The contentious Bill has drawn sharp criticism, particularly from the Opposition, who have raised questions about the functioning of the Joint Parliamentary Committee that was tasked with scrutinizing it. Now, the Bill faces a fresh challenge in the courts.
On Friday, two prominent Opposition MPs — Asaduddin Owaisi of the AIMIM and Mohammad Jawed of the Congress — approached the Supreme Court, challenging the constitutional validity of the Waqf (Amendment) Act, which had just been passed by Parliament.
Owaisi, the MP for Hyderabad, argued that the law is "manifestly arbitrary" and perpetuates religious discrimination. He claimed that the Act violates the Shariat Act and strips the Muslim community of its right to manage its own religious institutions. In his petition, Owaisi highlighted that the Amendment Act represents a significant departure from the progression toward greater protection of Muslim community rights under Articles 25 and 26 of the Indian Constitution. He contended that it undermines the rights of minority communities and increases state interference in the administration of Waqfs.
Furthermore, Owaisi criticized the law for diminishing protections for Waqfs while retaining similar protections for religious and charitable endowments of other faiths, describing this as "hostile discrimination" against Muslims. He argued that this violates Articles 14 and 15 of the Constitution, which prohibit discrimination on the basis of religion.
The law also stipulates that an individual must be a practicing Muslim for at least five years to create a Waqf, a provision that Owaisi claims directly conflicts with the Muslim Personal Law (Shariat) Application Act, 1937. He argued that this restriction discriminates against recent converts to Islam by denying them the ability to dispose of their property in a manner consistent with their faith immediately after conversion.
Mohammad Jawed, the Congress MP, echoed these concerns in his plea, questioning the legal foundation of the provisions and arguing that they are unfounded in Islamic law, custom, or precedent. He also stated that the law infringes upon the Fundamental Right to profess and practice religion under Article 25 of the Constitution.
With the matter now in the hands of the Supreme Court, the future of the Waqf (Amendment) Act remains uncertain, as it continues to stir legal and political debate across the country.
(This story is published from a syndicated feed)