PETITIONS AGAINST WAQF (AMENDMENT) ACT,2025

PETITIONS AGAINST WAQF (AMENDMENT) ACT,2025

Background

• On May 20, 2025, the Supreme Court of India heard a group of petitions challenging the Waqf (Amendment) Act, 2025, which became law on April 8, 2025.
• The petitioners said the new law is a form of “slow takeover” of Waqf properties and hurts the rights of India’s Muslim community, the largest religious minority.

CONSTITUTION PRESUMPTION V/S VIOLATION

• The Supreme Court noted that a law made by Parliament is usually assumed to be legal (constitutional).
• Senior Advocate Kapil Sibal, for the petitioners, said:
  • This assumption can be challenged if there’s an obvious violation of rights.
  • The court can temporarily stop the law if it may cause serious harm to people’s rights.

MAIN CONCERNS RAISED BY PETITIONERS

a. Violation of Minority Rights

• The law goes against Article 25 (freedom of religion) and Article 26 (right to manage religious affairs).
• It allows the government to take over waqf land without any compensation, which is normally given in other land acquisition cases.

b. Section 3C – Dispute Clause

• This section allows any person to raise a dispute over waqf land.
• The dispute is looked into by a government official with no fixed timeline or clear rules.
• Even a small dispute can stop the entire waqf property from being used—for example:
  • Schools
  • Hospitals
  • Burial places
  • Community centres
• During the dispute, the government can also:
  • Demolish the property
  • Give it to third parties
  • Declare it as non-waqf

c. Section 3D – Heritage Sites

• If a waqf property is declared a protected monument under:
  • Ancient Monuments Preservation Act, 1904 or
  • Archaeological Sites and Remains Act, 1958, it loses its waqf status.
• Petitioners said these laws are meant for preserving buildings, not for removing religious ownership.
• Many religious places are both historical and religious—so both roles can exist together.

d. Non-Muslims in Waqf Boards

• The Act allows non-Muslims to be part of waqf management bodies.
• Petitioners said:
  • This weakens Muslim control over their own religious endowments.
  • Other religions like Hindus and Sikhs don’t allow outsiders to manage temples or gurudwaras.

e. Section 3E – Scheduled Tribes (STs)

• This section says that land owned by STs (under Fifth or Sixth Schedule of the Constitution) cannot be declared as waqf property.
• Petitioners called this unfair and biased against Muslims.

f. Section 3(r) – 5-Year Proof of Being Muslim

• This section says a person can only create a waqf if they prove they have followed Islam for at least 5 years.
• Lawyers said this is:
  • Unreasonable
  • Intrudes into personal faith
  • Violates Article 14 (Right to Equality)
• They asked: What proves someone is Muslim—prayer? Dress? Abstaining from alcohol?

g. Effect on Old and Unregistered Waqfs

• Around 50% of the 8 lakh waqf properties in India are unregistered, passed down through tradition and use.
• Under the new law, these unregistered waqfs cannot go to court.
• These include centuries-old religious and charity properties with no formal documents.

CONSTITUTION ARTICLES INVOLVED

GOVT’S DATA ON WAQF PROPERTY DISPUTED

• The government said there was a 116% increase in waqf properties from 2013 to 2024 using data from the WAMSI Portal.
• Petitioners replied:
  • The rise is due to better registration, not actual new properties.
  • It should not be used to justify stronger control or label it as a misuse.

IMPACT ON SECULARISM

• Senior Advocate Rajeev Dhavan said that religious belief, practices, and property are all parts of religious freedom.
• Taking away these rights can weaken India’s secular system and harm minority faiths.
• The law may also affect the Places of Worship Act, 1991, which protects the status of religious places.

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