New Delhi, Apr 4 (UNI) AIMIM MP Asaduddin Owaisi has approached the Supreme Court, challenging the Waqf Amendment Bill, which has been passed by both Houses of Parliament and is awaiting Presidential approval.
Hours after the bill was passed in both the Houses, Owaisi filed a plea in the Supreme Court saying that the Bill violates Article 26 of the Indian Constitution, which grants religious groups the right to manage their affairs.
He claims that the changes unfairly remove protections for waqf properties that are still available for Hindu, Jain, and Sikh religious institutions. This, he asserts, breaches the right to equality under Article 14.
The petition also states that the Bill infringes on the rights of minorities under Article 30, which allows them to establish and manage educational institutions.
Specific objections include new restrictions on who can create a waqf, the removal of "waqf by user" (where properties become waqf through long-term religious use), and the inclusion of non-Muslims in waqf administration boards.
The petition, filed by advocate Lzafeer Ahmad, highlights concerns raised during the Lok Sabha debate.
Owaisi argued that the law discriminates against Muslims by restricting their control over waqf properties while allowing non-Muslims to manage them.
He pointed out that Hindus, Sikhs, Jains, and Buddhists retain their rights to administer their religious institutions, making the Bill a direct violation of Article 26.
Earlier today, Congress MP Mohammad Jawed also challenged the Bill in the Supreme Court, claiming it discriminates against Muslims and violates fundamental rights under Articles 14 (equality), 25 (freedom of religion), 26 (religious administration rights), 29 (minority rights), and 300A (right to property).
The Waqf Amendment Bill modifies the Waqf Act of 1995, which governs the administration of waqf properties in India.
Waqf refers to properties dedicated for religious or charitable purposes under Islamic law. The 1995 Act defines the roles of the Waqf Council, State Waqf Boards, and the Waqf Tribunals.
Some of the Bill’s controversial changes include, Only a practicing Muslim for at least five years who owns the property can declare a waqf. The earlier provision of "waqf by user" has been removed.
Two members of the Central Waqf Council must be non-Muslims. While representatives of Muslim organizations and Islamic scholars must be Muslim, at least two of them must be women.
The Central government, instead of State governments, will now control audits of waqf accounts, which can be done by the CAG or a designated officer.
The Supreme Court's decision on these petitions will determine the fate of the Waqf Amendment Bill and its implications on religious and minority rights in India. UNI SNG SSP