SC to Review Waqf Act Disputes: 73 Pleas Highlight Governance, Discrimination Issues

The Supreme Court will hear 73 petitions challenging the constitutional validity of the Waqf (Amendment) Act from 2 pm on Wednesday. This matter has become a subject of controversy and protest across the country. While on the one hand the petitioners are considering it an attack on the religious rights and property of Muslims, the central government is calling this amendment a necessary step to ensure transparency.

A three-judge bench of Chief Justice Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Vishwanathan will hear these petitions. Some of these petitions are also against the original Waqf Act of 1995, while most are challenging the recent amendments. Many petitioners have also sought an interim stay on the Act.

Who are the petitioners?
These petitions include many senior leaders of opposition parties, including leaders of Congress, Trinamool Congress, CPI, YSRCP, SP, RJD, AIMIM, Aam Aadmi Party, Indian Union Muslim League and actor Vijay's party TVK. Religious institutions like Jamiat Ulama-e-Hind, All India Muslim Personal Law Board, Samasta Kerala Jamiatul Ulema etc. have also filed petitions. At the same time, two Hindu petitioners, lawyer Harishankar Jain and Noida resident Parul Khera, have also described the Waqf Act as illegally giving rights to the Muslim community over government and Hindu religious properties.

Seven states have approached the apex court in support of the Wakf Amendment Act. They have argued that the Act is constitutional and ensures effective and transparent management of Wakf properties while protecting the rights of minorities. The central government has filed a caveat in the Supreme Court so that no order can be passed without hearing its side.

Why is there a controversy?
- The democratic structure of the Waqf Board has been abolished. The election process has been removed.

- Appointment of non-Muslims is permitted to Wakf Boards, affecting the ability of Muslims to self-govern.

- The community's right to claim or protect religious properties has been taken away.

- The future of Waqf lands has been placed under the executive.

- Scheduled Tribes are barred from creating Wakf.

- Judicial concepts like 'Waqf by User' have been removed from the Act.

- The new amendments have weakened the legal protection of Waqf.

- Undue benefits have been given to other stakeholders.

- Muslim religious and cultural autonomy has been attacked.

- Executive's arbitrariness on properties has increased and the rights of minorities on religious institutions have decreased.

- Oral waqf or undocumented properties may be abolished.

- More than 35 amendments have been made, weakening the State Waqf Boards.

- The amendments are being considered as a step towards converting Waqf properties into government property.

The 1995 Act was already comprehensive; changing it is being described as unnecessary and intrusive.

Passed in Parliament, approved by President
The Wakf Amendment Act was recently passed in Parliament amid heated debate. The Rajya Sabha voted in favour with 128 and 95 against, while the Lok Sabha voted with 288 and 232 against. It was given its assent by President Draupadi Murmu on April 5.

Now all eyes are on the Supreme Court
Now the eyes of the whole country are fixed on the proceedings of the Supreme Court. This decision will not only determine the validity of the Waqf Act but will also set a historic perspective on religious rights and the limits of government interference.