Waqf Amendment Act does not violate religious freedom: Centre to Supreme Court

Defending the Waqf Amendment Act before the Supreme Court, the Union government on Friday stated that the law does not violate the fundamental rights guaranteed under the Constitution, reported Live Law.

In a preliminary affidavit filed by Shersha C Shaik Mohiddin, the joint secretary in the Ministry of Minority Affairs, the Centre opposed petitions challenging the constitutional validity of the law.

It argued that the amendments were only brought to regulate the secular aspects of waqf property management and do not interfere with religious freedoms under Articles 25 and 26 of the Constitution. The law falls within the regulatory powers of the government, said the Centre.

A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.

The 2024 Waqf Amendment Bill proposed amendments to 44 sections of the 1995 Waqf Act, including allowing non-Muslims on waqf boards, restricting property donations and changing how waqf tribunals function. The bill was cleared by Parliament on April 4. It received presidential assent on April 5 and took effect on April 8.

The Congress and the All India Majlis-e-Ittehadul Muslimeen, among others, have challenged the constitutionality of the bill in the Supreme Court.

The affidavit...

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