Asaduddin Owaisi Challenges Waqf Bill in Supreme Court, Calls It Unconstitutional

AIMIM chief Asaduddin Owaisi has moved the Supreme Court challenging the Waqf (Amendment) Act, 2024, arguing that it is unconstitutional and infringes upon the fundamental rights of the Muslim community. Owaisi’s plea follows a similar petition filed by Congress MP Mohammad Jawed, who was the first to contest the amendment before the apex court.

The Hyderabad MP’s legal move comes just days after the fiercely opposed the bill in the Lok Sabha, even tearing a copy of the legislation in protest. Owaisi described the amendment as an “attack on the faith and religious practices of Muslims” and compared his protest to Mahatma Gandhi’s opposition of unjust laws.

The petition filed by Jawed argues that the Waqf (Amendment) Act violates multiple constitutional provisions, including:

• Article 14 (Right to Equality): The law allegedly imposes restrictions on the Muslim community that are not present for Hindu or Sikh religious trusts.
• Article 15 (Prohibition of Discrimination): The act is said to discriminate against Muslim endowments by subjecting them to greater state control.
• Article 25 (Freedom of Religion): The law introduces restrictions on creating new Waqfs based on the duration of religious practice, which the petitioners argue is unfounded in Islamic law.
• Article 26 (Rights of Religious Denominations): Changes in the composition of the Waqf Board and the Central Waqf Council, including the introduction of non-Muslim members, allegedly interfere with the administration of Muslim religious institutions.
• Article 300A (Right to Property): The plea claims that the new law infringes on the right of individuals to dedicate property for religious or charitable use.

The petitioners contend that the amendments disproportionately increase state intervention in Waqf affairs while allowing Hindu and Sikh religious institutions a greater degree of self-regulation. “Such differential treatment amounts to a violation of Article 14,” the plea states.

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Another point of disaggreement is the restriction on creating new Waqfs based on the historical duration of religious practice. The petitioners argue that this provision is arbitrary and limits the rights of recent converts to Islam who wish to dedicate property for religious or charitable purposes.

Jawed’s petition also raises concerns over the inclusion of non-Muslims in the Waqf administration. “Hindu religious institutions remain under the exclusive management of Hindus. The selective intervention in Muslim endowments is an arbitrary classification,” the plea states.

The Supreme Court is expected to hear the petitions soon, with both leaders calling for the law’s repeal. Legal experts suggest that the case could have far-reaching implications for religious endowments and minority rights in India.

While the government has defended the amendments as necessary for transparency and better governance of Waqf properties, the petitioners argue that the move undermines religious autonomy. The outcome of the case could set a significant precedent for the regulation of religious institutions in the country.