Sikh President of Gurdwara Singh Sabha, Gurgaon, moves SC against Waqf Amendment Act

New Delhi, April 16: Daya Singh, a practicing Sikh and President of Gurdwara Singh Sabha, Gurgaon, has filed a writ petition in the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025, alleging that it discriminates on the basis of religion and violates core principles of the Indian Constitution.

According to LiveLaw.in, Daya Singh argued that the new provisions—particularly those that bar non-Muslims from dedicating property as Waqf violate his right to religious freedom, property, and charitable expression under the Constitution.

“The Amendment introduces an unreasonable classification solely on religious grounds, lacking any rational nexus to the Act’s objectives,” the petition stated as reported by Livelaw.in. Daya Singh, who described himself as an advocate of inter-faith harmony, asserted that Sikh values encourage cross-community charity and that the law impermissibly restricts such voluntary acts based on religious identity.

He further contended that the legislation is “manifestly arbitrary” and undermines the secular character of the Constitution. The petition also challenges the law for disproportionately tightening state control over Muslim religious endowments, unlike the more autonomous legal structures governing Hindu and Sikh trusts.

“While Hindu and Sikh religious trusts enjoy a relatively autonomous status, the amendments increase governmental oversight of Waqf institutions without justification,” the plea stated, citing a violation of Article 14 (right to equality).

Singh also echoed several concerns raised in earlier petitions, including the removal of 'waqf-by-user', the requirement of five years’ Islamic practice to create a waqf, and the inclusion of non-Muslims in Waqf Boards.

The petition is scheduled to be heard today at 2 PM by a bench comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan. This latest challenge follows a similar petition by Lakshadweep MP Mohammed Faizal, who claimed the law discriminates against Scheduled Tribe Muslims and impinges on their religious rights.