Centre defends Waqf Amendment Act in SC, says no violation of religious rights

New Delhi, Apr 25: The Central government has told the Supreme Court that the Waqf (Amendment) Act, 2025, does not violate religious freedoms, and the petitions challenging it are based on false assumptions. According to a preliminary affidavit filed by the Ministry of Minority Affairs, the amendments deal only with the management and administration of waqf properties and not religious practices as reported by Livelaw.in.

The Centre said the Act does not infringe Articles 25 and 26 of the Constitution, which protect religious freedom. It claimed the law focuses on record-keeping, management reforms, and preventing misuse of waqf properties. “There is no interference in rituals, prayers, or essential Islamic obligations,” the affidavit stated.

Key Points from the Centre’s Response:

  No Impact on Religious Freedom: The Centre said the Waqf Act, 1995 still protects the recognition of waqfs as religious endowments. The 2025 amendment only adds regulations to ensure transparency and good governance.

  Waqf-by-User Lands Still Protected: Concerns over the omission of “waqf-by-user” are unfounded, the Centre said. All such waqf lands will continue to be recognised if they were registered by April 8, 2025. The need for registration has been part of waqf law since 1923.

  Non-Muslim Members in Waqf Bodies: The Centre defended allowing a limited number of non-Muslim members in the Central Waqf Council and State Boards, stating that these bodies perform secular regulatory roles, not religious ones. “Their presence ensures a balance of constitutional principles,” the government said.

  Role of Government Officers in Land Disputes: The government justified provisions allowing officials to decide disputes over whether waqf lands overlap with government property. It cited several cases where waqf claims were made on schools, heritage sites, and government offices without proper documentation.

  Muslim Trusts Outside the Waqf Act: A new provision allows Muslims to create general charitable trusts outside the Waqf Act framework. The Centre said this is based on earlier Supreme Court judgments and does not take away religious rights.

The affidavit also asked the Court not to stay the law’s provisions, arguing that every law passed by Parliament is presumed constitutional. The Centre submitted hundreds of pages of documents, including Parliamentary committee reports, to support its case. The Supreme Court has scheduled the next hearing for May 5. Earlier, the Centre had agreed not to implement certain controversial provisions for now and assured that existing waqf lands, if registered, would not be affected. Source: Livelaw.in