AIMIM chief Asaduddin Owaisi has moved the Supreme Court challenging the Waqf Amendment Act, following Congress MP Mohammad Jawed, who was the first to file a petition against the legislation. The Hyderabad MP’s challenge came days after he tore a copy of the bill in Lok Sabha. Owaisi on Wednesday strongly opposed the Waqf (Amendment) Bill in the Lok Sabha, terming it an “attack on the faith and religious practices of Muslims.
The petition filed by Jawed claimed that the act violates Articles 14, 15, 25, 26, 29 and 300A of the Constitution, which guarantee equality before law, freedom of religion, protection of minority rights and right to property. Jawed, who represents Kishanganj in Bihar, is also a Congress whip in the Lok Sabha and served as a member of the Joint Parliamentary Committee that examined the Waqf (Amendment) Bill, 2024.
The amended law imposes restrictions on the Muslim community that are not present in the governance of other religious endowments. “For instance, while Hindu and Sikh religious trusts continue to enjoy a degree of self-regulation, the amendments to the Waqf Act, 1995, disproportionately increase state intervention in Waqf affairs.
The petition also challenges the clause that introduces restrictions on creating new Waqfs based on the duration of religious practice. “Such a limitation is unfounded in Islamic law, custom or precedent and infringes upon the fundamental right to profess and practise religion under Article 25,” the plea reads.
Jawed also objects to the proposed changes in the composition of the Waqf Board and Central Waqf Council, which would include non-Muslim members. The plea said this is an interference in religious administration and contrasts with Hindu religious institutions, which remain under the exclusive management of Hindus.