New Delhi [India], May 21 (ANI): The Central government on Wednesday told the Supreme Court that while Waqf is an Islamic concept, it does not constitute an essential tenet of the religion, and Waqf Boards are tasked solely with secular responsibilities.
Solicitor General Tushar Mehta, appearing for the Centre, made these submissions before a bench comprising Chief Justice of India BR Gavai and Justice Augustine George Masih. He argued that Waqf, which involves charitable endowments, is not a religious practice but rather a secular function involving property management, record keeping, and audits.
“Waqf is nothing but charity in Islam,” Mehta said. “Charity exists in every religion. It cannot be claimed as an essential religious practice.”
Defending recent amendments to the Waqf Act, including the inclusion of non-Muslims in Waqf Boards, Mehta emphasized that these measures were taken to promote diversity and to manage the secular aspects of Waqf administration. “The Waqf Board performs no religious functions. Its tasks are entirely administrative. Including two non-Muslims on the Board does not impact any religious practice,” he added.
The Solicitor General also addressed concerns regarding the concept of “Waqf-by-user,” a practice where long-standing public use of a property leads to claims of Waqf status. He noted that many such claims have resulted in disputes involving government land and that the misuse of this provision necessitated reform.
“Waqf-by-user is being misused to claim government land, and that cannot be allowed. Its abolition is prospective, so existing registered Waqfs are unaffected,” Mehta said. “Waqf-by-user is not a fundamental right. A false narrative is being spread that Waqf is being snatched.”
He further clarified that if a property is disputed, the Waqf status may be revoked, but this does not affect other legal rights such as possession. Additionally, the 2025 amendment includes a provision on Waqf-Alal-Aulad, aimed at protecting women’s inheritance rights in family endowments. According to Mehta, women heirs must receive their due share before any property is dedicated to Waqf.
The Solicitor General also stated that the 2025 Amendment Act was passed after extensive deliberation by a Joint Parliamentary Committee that consulted with a wide range of stakeholders. He reiterated that the legislation does not infringe on any religious freedoms under Articles 25 and 26 of the Constitution.
The Supreme Court is currently hearing a batch of petitions challenging the Waqf (Amendment) Act, 2025. Petitioners argue that the law discriminates against the Muslim community and violates their fundamental rights. However, six BJP-ruled states have filed supporting affidavits backing the amendment.
President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill on April 5 after both Houses of Parliament passed it following intense debate. The Centre has urged the apex court not to stay any provision of the Act, stating that courts traditionally do not impose interim stays on statutory laws, and the matter should be decided after a full hearing.
The hearings on the constitutional validity of the Waqf (Amendment) Act, 2025 will continue in the Supreme Court tomorrow. (ANI)
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