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In a significant legal development, the Supreme Court of India is scheduled to continue hearing a batch of 73 petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, today at 2 PM. The case has garnered nationwide attention due to its implications on religious freedoms, property rights, and the administrative structure of Waqf boards across the country. A three-judge bench comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice K.V. Viswanathan is presiding over the hearings. :contentReference[oaicite:0]{index=0}
Understanding the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025, seeks to modify the existing Waqf Act of 1995 with the intent to enhance the administration and management of Waqf properties in India. Key provisions include the inclusion of non-Muslim members in Waqf boards and the authority to de-notify properties declared as Waqf by courts. These changes have sparked debates concerning their alignment with constitutional rights and religious freedoms. :contentReference[oaicite:1]{index=1}
Key Provisions of the Amendment:
- Inclusion of non-Muslim members in Central and State Waqf Boards.
- Authority to de-notify properties declared as Waqf by courts.
- Changes in the process of declaring a property as Waqf.
Legal Challenges and Petitioners
The petitions filed against the amendment come from a diverse group, including political leaders, religious organizations, and civil rights groups. Prominent petitioners include AIMIM chief Asaduddin Owaisi, AAP leader Amanatullah Khan, and RJD leader Manoj Kumar Jha. The petitioners argue that the amendments infringe upon the rights of the Muslim community to manage their religious affairs independently, as guaranteed under Article 26 of the Indian Constitution. :contentReference[oaicite:2]{index=2}
Arguments Presented:
- The inclusion of non-Muslims in Waqf boards violates the community’s right to manage its own religious institutions.
- The power to de-notify Waqf properties undermines the sanctity of religious endowments.
- The amendments could lead to administrative overreach and potential misuse of authority.
Supreme Court’s Observations
During the hearings, the Supreme Court has made several noteworthy observations. The bench questioned the rationale behind including non-Muslims in Waqf boards, drawing parallels with the management of Hindu religious institutions. Chief Justice Khanna remarked, “Are you suggesting that minorities, including Muslims, should also be included in boards managing Hindu religious institutions? Please state that openly.” :contentReference[oaicite:3]{index=3}
The court also proposed a stay on certain provisions of the amendment, including the de-notification of properties declared as Waqf. However, the Centre opposed this proposal, seeking a detailed hearing before any interim order is passed. :contentReference[oaicite:4]{index=4}
Public Response and Protests
The amendments have led to widespread protests across various states. In West Bengal’s Murshidabad district, violent clashes erupted, leading to casualties and injuries. Protests were also reported in Assam’s Cachar district, where demonstrators clashed with police forces. The unrest highlights the deep-seated concerns within the community regarding the potential implications of the amendments. :contentReference[oaicite:5]{index=5}
Government’s Stance:
Union Minister G Kishan Reddy stated, “In a democracy, anyone can go to the court…For so many years, the poor Muslims have not received any benefits in the name of Waqf…Many big names like the Majlis party in Hyderabad have looted in the name of Waqf. We will bring reforms to the Waqf Board based on the Constitution and stop corruption…We have done this work for the benefit of poor Muslims.” :contentReference[oaicite:6]{index=6}
Frequently Asked Questions
Q1: What is the Waqf (Amendment) Act, 2025?
A1: It is a legislative amendment to the Waqf Act of 1995, aiming to improve the administration of Waqf properties, including provisions for the inclusion of non-Muslim members in Waqf boards and the authority to de-notify Waqf properties.
Q2: Why are there legal challenges against the amendment?
A2: Petitioners argue that the amendments infringe upon the constitutional rights of the Muslim community to manage their religious affairs independently, as guaranteed under Article 26 of the Indian Constitution.
Q3: What has been the Supreme Court’s response so far?
A3: The Supreme Court has proposed a stay on certain provisions of the amendment and has questioned the inclusion of non-Muslims in Waqf boards. The hearings are ongoing, with the next session scheduled for 2 PM today.
Conclusion
The Supreme Court’s hearings on the Waqf (Amendment) Act, 2025, represent a critical juncture in the ongoing discourse on religious freedoms and administrative reforms in India. As the court continues to deliberate on the constitutional validity of the amendments, the outcomes will have far-reaching implications for the management of religious endowments and the rights of religious communities across the nation.
Slogan: “Balancing Faith and Law: Towards Inclusive Governance”
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