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Supreme Court to Hear Waqf Act Challenges Amid Rising Tensions

The Supreme Court of India is set to address multiple petitions challenging the Waqf (Amendment) Act, 2025, on Wednesday, April 16, 2025. A three-judge bench, led by Chief Justice Sanjiv Khanna and including Justices Sanjay Kumar and KV Viswanathan, will review approximately 10 pleas contesting the law’s constitutional validity. The hearing comes as protests against the legislation have intensified, particularly in West Bengal, where violence in Murshidabad has claimed lives.

The Waqf (Amendment) Act has sparked significant controversy, with opposition leaders and organizations, including the Congress, DMK, CPI, Aam Aadmi Party, YSRCP, Tamilaga Vettri Kazhagam, and the All India Muslim Personal Law Board, filing challenges in the Supreme Court. Critics argue that the law infringes on fundamental rights and undermines the autonomy of Waqf institutions. Conversely, seven states Madhya Pradesh, Chhattisgarh, Assam, Rajasthan, Maharashtra, Haryana, and Uttarakhand have intervened to defend the Act, asserting it promotes transparency and effective management of Waqf properties. The Uttarakhand Waqf Board has also filed an affidavit supporting the legislation, emphasizing its role in overseeing Waqf assets.

The Supreme Court’s review follows a February 2024 Delhi High Court ruling that dismissed a public interest litigation on the issue. Justices BR Gavai and Augustine George Masih noted that the judiciary cannot dictate legislative processes, as Parliament had thoroughly considered the Act’s provisions.

However, the ongoing legal battle has gained urgency due to recent unrest. In West Bengal’s Murshidabad district, protests against the Act turned deadly, with at least three fatalities reported after mob violence. Clashes have also erupted in South 24 Parganas, resulting in injuries and damaged police vehicles

Union Minister Kiren Rijiju has defended the amendments, stating they aim to rectify past mismanagement of Waqf properties rather than target the Muslim community. He accused West Bengal Chief Minister Mamata Banerjee of inciting violence through her opposition to the Act’s implementation. Meanwhile, Banerjee has called for peace, urging citizens to avoid unlawful actions while maintaining their right to protest.

The Supreme Court’s upcoming hearing is expected to address the constitutional concerns raised by petitioners while considering the arguments of states and organizations supporting the law. As tensions persist, the outcome of this case could have far-reaching implications for Waqf governance and communal harmony in India.

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