The government promised the Supreme Court on Thursday that there will be no new Waqf board appointments and no alteration to the status of properties asserted by Waqf boards until a hearing of challenges to recent laws changing the management of Muslim charity properties. This assurance was given while there was increased concern and protests all over India over the amended Waqf laws, more so the controversial ‘waqf by user’ provision, and the membership of Waqf boards.
Waqf by User Provision Under the Microscope
During the hearing, the Supreme Court was informed that current Waqfs, including those asserted under the ‘waqf by user’ provision, would not be altered. This provision enables Waqf boards to acquire properties that have been utilized by Muslims for religious or charitable causes, even if there is no formal document. The court had questioned this provision in its earlier hearing, stating, “We are not saying all ‘waqf by user’ is wrong. But there is concern.”
This has been a cause for concern as it raises the possibility of abuse of the provision, which has led to widespread criticism and court challenges. The court stressed that they would need to conduct an extensive review of how this provision affects properties and individuals who claim them through Waqf laws.
Government’s Response
Solicitor General Tushar Mehta, appearing for the government, sought a week to reply to the objections over the amendments to the Waqf laws. The government assured that in the interim period, it would not make any appointments under Sections 9 and 14 of the new law. The two sections restrict the Muslim members on the Central Waqf Council and state Waqf boards to only eight and four, respectively, out of 22 and 11 overall members.
The government’s promise that no appointments would be made was a short-term measure until the next hearing. The new provisions have been criticized, especially by Muslim community leaders and opposition parties. Chief Justice Sanjiv Khanna posed an important question during the hearing, inquiring from the Solicitor General if the government would permit Muslims to be included in Hindu endowment boards as well.
Protests Across India Over Law Amendments
The amendments to the Waqf laws have also led to protests throughout the nation, with most critics terming the amendments discriminatory and unfair. In West Bengal, clashes turned violent and resulted in the deaths of three people, further fueling tensions between the ruling Trinamool Congress (TMC) and the opposition BJP. The TMC has pledged not to carry out the changes in the state, accusing the BJP of engaging in “appeasement politics” ahead of elections next year.
The protests have drawn mass attention towards the amendments, with religious organizations and opposition parties filing petitions challenging them. More specifically, non-Muslims’ inclusion in Waqf boards has been contentious. The provision, according to its critics, intrudes on Muslim institutions’ independence and contradicts the values of religious freedom and representation.
Court’s Focus and Future Hearings
The Supreme Court, in its recent hearing, chose to address only five of the numerous writ petitions that were filed against the amendments to the Waqf laws. “It is not possible to consider 100 or 200 (petitions),” Chief Justice Khanna said, and added that the remaining petitions would be considered as disposed of. Petitioners will get five days’ time to respond to the government’s submissions after the government has filed its reply.
The court has made it clear that it will not overstep into the domain of the legislature, emphasizing the importance of the separation of powers as outlined in the Constitution. However, it has agreed to hear the petitioners who argue that the changes to the Waqf laws infringe upon fundamental rights, including the right to equality and the right to practice religion freely.
Political and Religious Opposition to Waqf Law Changes
Opposition to the new Waqf laws has been across the board, with opposition political parties and religious groups moving against the amendments. Signatories to the petition include opposition party leaders such as Congress, AAP, DMK, and CPI, besides Bihar Chief Minister Nitish Kumar’s JDU, which is an ally of the BJP. The JDU challenge is notable since Bihar, where there are many Muslims, will be going in for an assembly election this year.
Religious bodies like Jamiat Ulema-e-Hind and the All-India Muslim Personal Law Board have also objected to the new laws. Some of the petitioners have demanded cancellation of the law while others have demanded a temporary ban on its implementation.
