Supreme court: Owaisi challenged the Waqf Amendment Bill

AIMIM MP Asaduddin Owaisi has approached the Supreme Court challenging the Waqf Amendment Bill. It has been passed by both houses of Parliament and is awaiting Presidential assent.

Violation of the right to equality under Article 14

Hours after the bill was passed in both houses, Owaisi filed a petition in the Supreme Court. He said the bill violates Article 26 of the Indian Constitution. He claims the bill gives religious groups the right to manage their own affairs. He further argues that the changes unfairly remove protections for waqf properties still available to Hindu, Jain, and Sikh religious institutions. He believes it violates the right to equality under Article 14.

Violation of the rights of minorities

The petition also claims the bill violates the rights of minorities under Article 30, which allows them to establish and manage educational institutions. Specific objections include new restrictions on people creating waqfs, 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 Lazfir Ahmed, highlights concerns raised during the Lok Sabha debate.

Discrimination against Muslims

Owaisi argued that the law discriminates against Muslims by restricting their control over waqf properties and 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 Javed also challenged the bill in the Supreme Court. He claims that it discriminates against Muslims and violates fundamental rights under Articles 14 (equality), 25 (freedom of religion), 26 (right to religious administration), 29 (minority rights), and 300A (right to property).

The Waqf Amendment Bill amends 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 Waqf Tribunals. Some of the controversial changes in the bill include that only a practicing Muslim for at least five years can own a property. The earlier provision of “waqf by user” has been removed.

The central government will now control the audit of Waqf accounts. Two members of the Central Wakf Council must be non-Muslims. While representatives of Muslim organisations and Islamic scholars must be Muslims, at least two of them must be women. The central government, instead of state governments, will now control the audit of wakf accounts, which can be done by the CAG or a designated officer.

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The Supreme Court's decision on these petitions will determine the fate of the Waqf Amendment Bill and its impact on religious and minority rights in India.