Congress MP Mohammed Jawed Challenges Waqf (Amendment) Bill of 2025 in Supreme Court

Lead: In a bold challenge to a contentious legislative decision, Congress MP Mohammed Jawed has petitioned the Supreme Court against the Waqf (Amendment) Bill of 2025. This legal action follows the bill’s swift passage through Parliament on April 4, 2025, sparking debate over its potential impact on the rights of the Muslim community in India. Jawed argues that the bill imposes excessive state control over Waqf properties, thereby infringing on religious freedoms protected by the Constitution.

Background on the Waqf (Amendment) Bill of 2025

– The Waqf (Amendment) Bill of 2025 was approved by the Indian Parliament after extensive discussions, particularly in the Rajya Sabha.
– The bill aims to redefine the governance framework surrounding Waqf properties—properties donated for religious or charitable purposes in Islamic law.

Key Provisions of the Bill

– The bill introduces several changes aimed at increasing state oversight over Waqf properties.
– It includes provisions that the challengers argue disproportionately impact the management autonomy of Waqf institutions compared to other religious endowments.

Contentions of the Petition

Jawed’s petition, represented by advocate Anas Tanwir, brings forth serious allegations against the legislative framework established by the new bill. Here are the core contentions:

– **Undermining Religious Autonomy**: The petition states that the bill imposes arbitrary restrictions on the management of Waqf properties, potentially violating the religious autonomy of the Muslim community.

– **Infringement of Property Rights**: Jawed argues that the amendments infringe on property rights guaranteed under Article 300A of the Indian Constitution. By placing greater state control over Waqf assets, individuals are limited in their ability to dedicate property for religious purposes.

– **Discrimination Against Muslims**: The bill is accused of imposing discriminatory provisions against Muslims while allowing other religious communities, such as Hindus and Sikhs, to maintain a degree of self-regulation.

Constitutional Violations

– **Article 14 (Right to Equality)**: The amendments are said to violate this fundamental right by creating arbitrary classifications not grounded in constitutional principles.
– **Article 25 (Right to Freedom of Religion)**: The bill introduces restrictions on establishing Waqfs based on religious practice duration, which Jawed claims has no basis in Islamic law.
– **Article 15 (Prohibition of Discrimination)**: The petition argues that the amendments disproportionately impact recent converts to Islam, hindering their ability to establish Waqf for charitable purposes.

Implications for Waqf Management

– The proposed bill significantly alters the powers and responsibilities of the Waqf Board, shifting control over Waqf property governance from religious authorities to secular government officials.
– The petition highlights concerns that this shift undermines the religious community’s right to manage its own affairs, a principle established in Article 26 of the Constitution.

Concerns Over the Waqf Board Composition

– A controversial amendment proposes including non-Muslim members in Waqf administrative bodies, a change that critics argue is an unnecessary interference in the religious governance of Waqf institutions, which traditionally have been managed exclusively by Muslims.

Altering Dispute Resolution Processes

The amendments to the bill also modify the composition and powers of Waqf Tribunals, which can directly affect how disputes involving Waqf properties are adjudicated. Critics warn that these changes may reduce the representation of individuals knowledgeable in Islamic law, thereby impacting fair adjudication.

Public Reaction and Future Prospects

– The filing of this petition has sparked significant public interest and debate surrounding the role of religious endowments in India, particularly amidst rising tensions surrounding secular governance and religious autonomy.
– “This amendment disrespects the sanctity of Waqf by undermining our right to self-governance,” Jawed stated in a recent press briefing.

Conclusion: As the Supreme Court prepares to hear the challenge, the ramifications of the Waqf (Amendment) Bill of 2025 hang in the balance. Many in the Muslim community are watching closely to see if they will retain their rights over religious properties, or if this legislation will signal an increase in state intervention in religious affairs. The outcome of this legal challenge will likely set significant precedents for religious freedom and property rights in India.

Keywords: Waqf Bill 2025, Supreme Court, Mohammed Jawed, Muslim community rights, Waqf properties, religious autonomy, constitutional law, religious endowments, state intervention, India

Hashtags: #WaqfBill2025 #SupremeCourt #MohammedJawed #MuslimRights #ReligiousAutonomy #IndiaNews #ConstitutionalRights



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