Asaduddin Owaisi challenges Waqf bill in top court: Violates rights of Muslims

Congress MP Mohammad Jawed has filed the first legal challenge to the Waqf Amendment Act in the Supreme Court, arguing it violates constitutional rights including equality, religious freedom, minority protection, and property rights.

In Short

• Petition claims the Waqf act violates multiple constitutional articles
• Argues new Waqf restrictions infringe on religious rights
• Claims amended law restricts Muslim community unlike other religious trusts

AIMIM chief Asaduddin Owaisi has moved the Supreme Court challenging the Waqf Amendment Act, following Congress MP Mohammad Jawed, who was the first to file a petition against the legislation. Owaisi’s plea argues that the amendment is unconstitutional and infringes upon the fundamental rights of the Muslim community.

The Hyderabad MP's challenge came days after he tore a copy of the bill in Lok Sabha. Owaisi on Wednesday strongly opposed the Waqf (Amendment) Bill in the Lok Sabha, terming it an "attack on the faith and religious practices of Muslims." In a dramatic protest, Owaisi symbolically ‘tore’ the bill, likening his act to Mahatma Gandhi's defiance of unjust laws.

Notably, the petition filed by Jawed claimed that the act violates Articles 14, 15, 25, 26, 29 and 300A of the Constitution, which guarantee equality before law, freedom of religion, protection of minority rights and right to property.

Jawed, who represents Kishanganj in Bihar, is also a Congress whip in the Lok Sabha and served as a member of the Joint Parliamentary Committee that examined the Waqf (Amendment) Bill, 2024.

According to the plea, the amended law imposes restrictions on the Muslim community that are not present in the governance of other religious endowments. “For instance, while Hindu and Sikh religious trusts continue to enjoy a degree of self-regulation, the amendments to the Waqf Act, 1995, disproportionately increase state intervention in Waqf affairs. Such differential treatment amounts to a violation of Article 14,” it reads.

The petition also challenges the clause that introduces restrictions on creating new Waqfs based on the duration of religious practice. “Such a limitation is unfounded in Islamic law, custom or precedent and infringes upon the fundamental right to profess and practise religion under Article 25,” the plea reads.

The petitioner argues that the restriction discriminates against recent converts to Islam who wish to dedicate property for religious or charitable use, violating the right to equality and non-discrimination under Article 15.

Jawed also objects to the proposed changes in the composition of the Waqf Board and Central Waqf Council, which would include non-Muslim members. The plea said this is an interference in religious administration and contrasts with Hindu religious institutions, which remain under the exclusive management of Hindus.

“The selective intervention, without imposing similar conditions on other religious institutions, is an arbitrary classification,” the petition reads.