Congress MP Mohammad Jawed moves Supreme Court against Waqf Amendment Act

A petition has been filed before the Supreme Court by Congress Member of Parliament (MP) Mohammad Jawed challenging the Waqf Amendment Act for being discriminatory towards Muslim community and violating their fundamental rights [Mohammad Jawed vs Union of India]..Jawed, the Congress party whip in Lok Sabha, was a member of the Joint Parliamentary Committee on the Waqf (Amendment) Bill of 2024. He has contended that the law violates Article 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. Interestingly, the Act is yet to come into force as a law. The Waqf Amendment Bill was cleared by both the Lok Sabha and Rajya Sabha and is now awaiting Presidential assent. .According to the petition filed by Jawed through advocate Anas Tanwir, the Act discriminates against the Muslim community by imposing restrictions 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 Wakf Act, 1995 (“Wakf Act”), disproportionately increases state intervention in Waqf affairs. Such differential treatment amounts to a violation of Article 14 in addition to introduction of arbitrary classifications that lack a reasonable nexus to the objectives sought to be achieved, making it impermissible under the doctrine of manifest arbitrariness," reads the plea. .The petitioner has stated that the law introduces restrictions on the creation of Waqfs based on the duration of one’s religious practice."Such a limitation is unfounded in Islamic law, custom or precedent and infringes upon the fundamental right to profess and practice religion under Article 25. Additionally, the restriction discriminates against individuals who have recently converted to Islam and wish to dedicate property for religious or charitable purposes, thereby violating Article 15," states the plea..The plea has also stated that amendment to the composition of the Waqf Board and the Central Waqf Council mandating inclusion of non-Muslim members in Waqf administrative bodies is an unwarranted interference in religious governance unlike Hindu religious endowments, which remain exclusively managed by Hindus under various state enactments. .Jawed has submitted that this selective intervention, without imposing similar conditions on other religious institutions, is an arbitrary classification and violates Articles 14 and 15..Waqf Amendment Bill to be tabled in Lok Sabha on Wednesday [READ KEY CHANGES].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..Read more about the law here.