New Delhi: All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi moved the Supreme Court on Friday, April 4, challenging the Waqf (Amendment) Bill, which was passed by both the Lok Sabha and Rajya Sabha early morning, and is now awaiting the Presidential assent to become a law.
Owaisi’s petition claims that the revised Bill is “unconstitutional" and violates Article 14, which ensures equal protection under the law.
Earlier today, Congress MP Mohammad Jawed also filed a petition against the Bill, alleging that it is discriminatory towards the Muslim community and infringes upon their fundamental rights.
In his petition, Jawed argued that the law breaches several constitutional provisions, including Articles 14 (right to equality), 25 (freedom to practice religion), 26 (freedom to manage religious affairs), 29 (minority rights), and 300A (right to property).
Have a look at his official statement here:
In his statement given to ANI, Jawed said, "Several people in India will file this petition, several parties will do this. In the Parliament, everyone in the Opposition said that this is unconstitutional. This is a religious body - you are providing freedom to non-Muslims. How can you snatch away our right? How can you do this violation? If you have numbers, it doesn't mean you get passed anything you passed and do something unlawful...We have challenged this. We hope that Supreme Court will take cognisance of this and this will be repealed (Bill) at the earliest."
What Did Owaisi Allege?
During the debate in Lok Sabha, Owaisi raised concerns about the constitutionality of the proposed law, with reference to Article 14, which ensures equal protection under the law.
"A Muslim will face restrictions on waqf property, and the encroacher will overnight become the owner. A non-Muslim will administer it and this is a violation of Article 14," he said.
The MP also accused the Bill of being discriminatory against Muslims by stripping them of the authority to manage Waqf properties. "Hindus, Sikhs, Jains, and Buddhists have been given the right to administer their religious groups. Then why are the rights being taken away from Muslims? This is a grave violation of Article 26," he argued.
What Is the Waqf Act, 1995?
The legislation seeks to amend the Waqf Act of 1995 to improve the regulation of Waqf properties. 'Waqf' refers to properties dedicated to religious or charitable purposes under the Islamic law. The Waqf Act was established to regulate the administration of Waqf properties (religious endowments) in India.
The Act outlines the powers and functions of the Waqf Council, State Waqf Boards, Chief Executive Officer, and mutawalli, and defines the role of Waqf Tribunals, which operate like civil courts within their jurisdiction.
The amendment law in question proposes significant changes to the 1995 Waqf Act.
