Congress, Asaduddin Owaisi Approach Supreme Court Against Waqf Bill

Two Opposition MPs have filed petitions in the Supreme Court against the passing of the Waqf (Amendment) Bill, calling the proposed law "discriminatory towards Muslim".

Congress MP Mohammad Jawed and AIMIM MP Asaduddin Owaisi filed separate petitions against the passing of the contentious bill, calling the provisions "blatant violation of the fundamental rights of Muslims".

The Rajya Sabha passed the Waqf (Amendment) Bill after Thursday midnight following a long discussion. The bill is awaiting President Droupadi Murmu's assent before it can become an act.

Mr Jawed in his petition said the bill violates the fundamental rights of Muslims.

He contended it violates Article 14 (right to equality), 25 (freedom to practice religion), 26 (freedom to manage religious affairs), 29 (minority rights), and 300A (right to property) of the Constitution.

Mr Jawed is the Congress's whip in the Lok Sabha. He was also a member of the joint parliamentary committee on the Waqf (Amendment) Bill.

The proposed law discriminates against Muslims by imposing restrictions that are not present in the governance of other religious endowments, the Congress MP said in the petition filed through his lawyer Anas Tanwir.

"For instance, while Hindu and Sikh religious trusts continue to enjoy a degree of self-regulation, the amendments to the Wakf Act, 1995 disproportionately increases state intervention in Waqf affairs," the petition said.

"Such differential treatment amounts to a violation of Article 14 in addition to introduction of arbitrary classifications that lack a reasonable nexus to the objectives sought to be achieved, making it impermissible under the doctrine of manifest arbitrariness," it said.

Mr Jawed said the proposed law introduces restrictions on the creation of Waqfs based on the duration of a person's religious practice.

"Such a limitation is unfounded in Islamic law, custom or precedent and infringes upon the fundamental right to profess and practice religion under Article 25. Additionally, the restriction discriminates against individuals who have recently converted to Islam and wish to dedicate property for religious or charitable purposes, thereby violating Article 15," the petition said.

The petition said the amendment to the composition of the Waqf Board and the Central Waqf Council that made it a must to include non-Muslim members in Waqf administrative bodies was an unwarranted interference in religious governance, unlike Hindu religious endowments that remain exclusively managed by Hindus under various state enactments.