Petitions Challenge 2025 Waqf Act Over Key Issues

Why in the News ?

The Supreme Court deferred hearing petitions challenging the Waqf Act, 2025, to May 5 after the Centre sought more time for its reply. Petitioners raised concerns over provisions impacting religious rights and property management of Muslim Waqfs.

Petitions Challenge 2025 Waqf Act Over Key Issues

Background of the Legal Challenge:

  • Around 65 petitions were filed against the Waqf Act, 2025.
  • Petitioners include MPs like Asaduddin Owaisi, Mahua Moitra, Manoj Jha, and religious leaders like Maulana Mahmood Madani.
  • The Supreme Court’s Bench, led by CJI Sanjiv Khanna, held a two-hour hearing questioning the Centre’s defense of the Act.

Key Issues Raised by Petitioners

  • Waqf by Use: The new law omits recognition of “Waqf by use” for future dedications, risking exclusion of historically used religious sites not formally registered.
  • Collector’s Powers: District collectors can now label Waqf-used land as government property, halting its Waqf status until a court ruling.
  • Non-Muslim Members: The Act permits non-Muslims on Waqf boards, which petitioners argue violates Article 26 that protects a religious community’s right to manage its own affairs.
  • Limitation Act: The 2025 law applies the Limitation Act to Waqf property disputes, limiting legal actions against encroachments, unlike the earlier 1995 Act.

Supreme Court Observations and Next Steps

  • The Court indicated possible stay on appointing non-Muslims to Waqf boards.
  • The Centre assured it won’t alter Waqf status or make such appointments until the next hearing.
  • Final arguments and affidavit submissions are due on May 5.