All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi has moved the Supreme Court challenging the Wakf Amendment Bill, which was passed by both the Houses and is now awaiting Presidential assent to become law..Citing Article 26 of the Constitution, which gives religious denominations in India the power to manage their own affairs, the petition terms the Amendment Bill as unconstitutional.According to Owaisi, the Amendment takes away from waqfs certain protections that are also granted to Hindu, Jain and Sikh religious and charitable endowments. Such a move, it is averred, is violative of the right to equality under Article 14.The Amendment is also assailed on the ground that it violates the right of minorities to establish and administer educational institutions under Article 30.Among other provisions of the Amendment, the plea challenges the restriction on who can create a waqf, the de-recognition of 'waqf by user,' and the inclusion of non-Muslims on the Waqf Council and boards that administer waqf properties..The plea has been filed through advocate Lzafeer Ahmad..During the Lok Sabha debate, Owaisi raised constitutional concerns and cited Article 14, which guarantees 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 had also alleged that the Bill discriminates against Muslims by stripping them of administrative control over 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.".Earlier today, Congress Member of Parliament Mohammad Jawed filed a plea challenging the Amendment Bill for being discriminatory towards the Muslim community and violating their fundamental rights.Jawed contended that the law violates Articles 14 (right to equality), 25 (freedom to practice religion), 26 (freedom to manage religious affairs), 29 (minority rights) and 300A (right to property) of the Constitution.The Waqf Amendment Bill was cleared by both the Lok Sabha and Rajya Sabha and is now awaiting Presidential assent..The law which proposes to amend the Waqf Act, 1995 in order to address the regulation of waqf properties.Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law. The Waqf Act, 1995 was enacted to govern the administration of waqf Properties (religious endowments) in India. It provides for the power and functions of the Waqf Council, State Waqf Boards and the Chief Executive Officer, and the mutawalli. The Act also describes the power and restrictions of Waqf Tribunals which act in lieu of a civil court under its jurisdiction.The controversial amendment law makes key changes to the 1995 Act..The Bill seeks to rename the 1995 Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act to reflect its broader objective of improving the management and efficiency of Waqf boards and properties.While the Act allowed waqf to be formed by declaration, long-term use, or endowment, the Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes. It also adds that waqf-alal-aulad must not result in the denial of inheritance rights to the donor’s heir including women heirs.While the Act empowered the Waqf Board to inquire and determine if a property is waqf, the Bill removes this provision.The Bill provides that two members of the Central Waqf Council - set up to advise the Central and State governments and waqf boards - must be non-Muslims. Members of Parliament, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims. Representatives of Muslim organisations, scholars in Islamic law, and chairpersons of Waqf Boards must be Muslims. Of the Muslim members, two must be women.The Bill empowers the Central government to make rules regarding registration, publication of accounts of waqf, and publication of proceedings of Waqf Boards.Under the Act, State governments could get the accounts of Waqfs audited at any point. The Bill empowers the Central government to get these audited by the CAG or a designated officer..Waqf Amendment Bill to be tabled in Lok Sabha on Wednesday [READ KEY CHANGES]
