‘Waqf is not an essential part of Islam’, government enters SC in support of Waqf Amendment Act

Waqf amendment law in Supreme Court: There was a debate in the Supreme Court on Wednesday (May 21, 2025) on the interim ban on the sections of Waqf Amendment Act. Solicitor General Tushar Mehta took the front before the central government from the bench of Chief Justice BR Gavai and Justice Augustin George Christ. He replied to the arguments held on Tuesday (May 20, 2025) on behalf of the petitioner side. Mehta said the most important thing that the way other religions have charity or charity, Vakf is the same in Islam. It is not an essential part of religion. It cannot be called Fundamental Rights under Articles 25 and 26 of the Constitution. Ceetating of Baba Saheb’s speech, Mehta was responding to this argument in which the Waqf Amendment Act was described as interfering in religious matters. He also cited a speech by Baba Saheb Ambedkar. In that speech, Baba Saheb had said that if everything is given religious protection, then it will be difficult to enact a law of social welfare. The Solicitor General said that the government’s law is in the public interest. In the beginning of the petitioner law not influenced by the law, Mehta said, “Parliament has made a law after following the entire process. JPC spoke to millions of people before giving the report. Some people who reached the Supreme Court can tell themselves representatives of the entire Muslim community. No petitioner is personally affected by the law. Not a person was individually affected. The Waqf law has been decreased since 1923. It has been deficient in the new law.” Registration of Waqf by user was essential Mehta said, “Waqf by user’s registration was in a system since 1923. For those who have not been registering for 102 years, there is still a chance for those who have not been registering for 102 years. The condition of registration cannot be removed. Removing it means that such a thing will have to be allowed, which was probably wrong from the beginning, which was wrong from the beginning. It should be wrong to grab the property in public interest.” Revenue record reform, not ownership of the Revenue Records, the Center’s lawyer also responded to the investigation on behalf of the government official in a dispute related to government land. Mehta said, “The land revenue records and improvement of the records only. This reform does not mean ownership. The decision of the revenue officer can be challenged in the court. The government cannot directly become owner even after the entry in the revenue records. It has to file a civil petition in the court. It has to file a civil petition. Religious activity will continue to run, due to the new Waqf law, Mehta also denied the claim of shutting religious activity in ancient monuments. He said, “The cancellation of Waqf notification of the ancient monument is a different matter. This will not stop religious activity there.” The Solicitor General said, “The protected monument law clearly says that the place where the character is will remain.” He said that despite being an ancient monument of Atala Mosque in Jaunpur, ASI was stopped from maintenance work there. Later, the mosque committee also got new constructions done there. Therefore it is necessary to give more rights to ASI. Mehta also described the condition of being a Muslim for 5 years as ‘Condition to be a Muslim right for 5 years’. Earlier only Muslims could have waqf. But a new law was enacted before the election in 2013. It was said that anyone can do waqf. This mistake has been improved in the new law. The condition of being a Muslim has been laid for at least 5 years to do waqf. The limited number of non-Muslims in the Waqf Board also defended the Waqf Board and the place to give place to non-Muslims in the Waqf Council. He said, “It is wrong that now the non-Muslims will be dominated by the Waqf Board. Only 2 members will be non-Muslim. Their role will also be very limited. It has definitely been changed that earlier there were only Shia and Sunni members. Now Agikhani and Bohra Muslims can also be members.” Mehta said, “There is a difference between Waqf and Hindu Endowment. There are temples in Hindu endowments. Waqf can have things like Dargah, college, Musafirkhana. It is a secular activity. So some non-Muslim members are in Waqf Board.” The government’s lawyer said that the conservation of tribal land is required to stop the claim of the Waqf Board. He said, “Tribal areas have been given special protection in the constitution. The new Waqf law has arranged according to this that the Waqf Board cannot claim the Tribal Land. The hearing of the case will continue on Thursday (May 22, 2025). Chief Justice’s important comment on the case will be considered as Chief Justice BR Gawai during the hearing. Therefore, the petitioners will have to be given strong grounds to interim interim on the law. ”

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