Samajwadi Party MP Zia Ur Rehman Barq from Sambhal has moved the Supreme Court to challenge the Waqf (Amendment) Act, 2025, arguing that it violates the fundamental rights and religious freedoms of Muslims in India. The petition, filed through advocate Sulaiman Mohd Khan, contends that the amended law is arbitrary, unconstitutional, and infringes upon the rights guaranteed to Indian citizens.
Barq’s petition raises several legal concerns, primarily focusing on how the Waqf (Amendment) Act undermines the religious independence of the Muslim community. The plea stresses that the Act imposes unjustified restrictions on the management and governance of Waqf properties, creating a discriminatory environment by applying rules to Muslims that do not extend to other religious communities' endowments.
The petition claims that the Act violates Articles 14 and 15 of the Constitution, which guarantee equality before the law and prohibit discrimination. It also argues that the law interferes with Articles 25 and 26, which protect the freedom of conscience and the right to manage religious affairs. The plea highlights the omission of the concept of Waqf-by-User in the new amendment and questions its legal basis.
Barq’s legal team argues that the amendment creates unreasonable classifications that lack any rational connection to the objectives it seeks to achieve. Furthermore, the petition contends that the law imposes limitations on the establishment of Waqfs based on the duration of an individual’s religious practice—an action the petitioners argue has no foundation in Islamic law or tradition.
The petition points out the disparity between how Muslim religious trusts are treated compared to Hindu and Sikh trusts, which benefit from a higher degree of self-regulation. In contrast, the Waqf (Amendment) Act, 2025, significantly enhances state intervention in the management of Muslim endowments, thereby restricting the autonomy of the Muslim community in managing religious affairs.
Alongside Barq’s petition, several other political leaders, including Congress MP Mohammad Jawed, AIMIM President Asaduddin Owaisi, and AAP MLA Amanatullah Khan, have also filed petitions challenging the Waqf Amendment Act, 2025, citing similar concerns.
The Supreme Court of India, which had earlier announced on April 7 that it would hear the petitions challenging the validity of the Waqf (Amendment) Act, 2025, is expected to consider these matters in due course, further igniting the ongoing debate surrounding the Act's constitutional validity and its impact on religious freedoms.
(This story is published from a syndicated feed)