The Supreme Court is set to decide on whether an interim order is needed regarding the Waqf (Amendment) Act, 2025, with a hearing scheduled for May 20. The court's decision will address key concerns raised about the Act, particularly regarding "waqf by user," the inclusion of non-Muslims in Waqf bodies, and the identification of government land as Waqf property.
Background of the Waqf Amendment Act, 2025
The Waqf Act, 1995, governs Waqf properties, which are assets dedicated for religious or charitable purposes under Islamic law. The Waqf (Amendment) Act, 2025, which received presidential assent on April 5, 2025, introduced changes to the 1995 law. These amendments have sparked controversy, leading to numerous petitions challenging the Act's constitutional validity.
Key Issues Under Consideration
The Supreme Court's deliberation on interim relief will focus on three main issues:
- Waqf by User: This refers to properties that have been used for religious or charitable purposes for a long period, even without formal documentation. The amendment act has limited or removed the concept of Waqf by User, requiring documentary evidence of ownership to declare a property as Waqf. Petitioners argue that this could jeopardize historical mosques, graveyards, and other charitable properties that lack formal deeds but have served religious purposes for generations. The Supreme Court has expressed concern that removing "waqf by user" could erase the religious status of many long-standing properties.
- Inclusion of Non-Muslims: The amended act allows for the nomination of non-Muslims to the Central Waqf Council and State Waqf Boards. Petitioners argue that this infringes on the right of Muslims to manage their religious affairs. The Supreme Court will consider whether this provision requires interim intervention.
- Identification of Government Land: The Act's provisions regarding the identification of government land as Waqf property have also raised concerns. The Supreme Court will examine whether these provisions necessitate interim relief.
Arguments For and Against Interim Relief
- Petitioners' Arguments: Those challenging the amendment act argue that it infringes on the religious rights of Muslims and could lead to the loss of historically significant religious properties. They contend that the removal of "waqf by user" and the inclusion of non-Muslims in Waqf bodies are detrimental to the administration and preservation of Waqf properties. Some also argue that the government is trying to usurp powers.
- Government's Arguments: The government defends the amendment act, stating that it was enacted to curb the misuse of Waqf provisions and prevent the encroachment of private and government properties. The government has stated that the 2013 amendment led to a significant increase in "auqaf area", which it suggests was due to misuse and wrongful classification of lands. The Centre has also assured that no Waqf properties recognized through long-standing usage will be de-notified, and no appointments will be made to Waqf councils or boards until the court makes a decision.
Earlier Developments
Prior to the upcoming hearing, the Supreme Court had directed that no appointments should be made to the Central Waqf Council and the Waqf Boards. The Centre also assured the court that it would not change the character of Waqfs, including those notified and registered as 'waqf-by-user' until the next hearing. The Supreme Court has also stated that properties declared by courts as Waqfs should not be de-notified, whether they are by waqf-by-user or waqf by deed, while the court is hearing the challenge to the Waqf Amendment Act 2025.
The Supreme Court's decision on May 20 will be crucial in determining the immediate future of the Waqf (Amendment) Act, 2025 and its impact on Waqf properties and Muslim religious institutions across the country.
