Historical Context and Legal Continuity
- Mandatory registration of Waqfs dates back to the Mussalman Wakf Act, 1923.
- This requirement was retained in the Waqf Act, 1954, and further reiterated in the Waqf Act, 1995.
- The 2025 Amendment Act does not introduce mandatory registration; it merely reinforces an existing legal requirement.
Relevance : GS 2(Governance , Polity and Constitution)
Issue of Non-compliance
- The Supreme Court questioned why Waqfs have remained unregistered for decades despite clear legal mandates.
- Only one State has completed the mandatory survey of Waqf properties under Section 4 of the Waqf Act, 1995.
- Petitioners argue the fault lies with State governments, not the Waqf community.
Waqf by User and Its Recognition
- “Waqf by user” refers to properties used by the public over time for religious purposes (e.g., mosques, graveyards) without formal registration.
- Earlier Waqf laws statutorily recognized such waqfs, acknowledging a deep-rooted Islamic practice.
- Petitioners argue the 2025 Act would strip these waqfs of legal status, which is arbitrary and regressive.
Religious Freedom and Constitutional Rights
- Waqf is tied to Islamic charity (zakat), one of the five pillars of Islam.
- Arguing it is non-essential to Islam, as the government claims, would deny protection under Article 25 (freedom of religion).
- Article 26(d) provides religious denominations the right to manage their own affairs and properties—petitioners argue this includes waqfs.
Concerns over State Interference
- Inclusion of non-Muslims on Waqf Boards and Central Waqf Council is seen as intrusion into community-specific religious administration.
- Petitioners argue this amounts to undue state control over religious endowments, violating minority rights.
New Requirements Under the 2025 Amendment
- The 2025 law now requires that a person must prove five years of practising Islam before creating a waqf.
- This is viewed by petitioners as burdensome, exclusionary, and discriminatory, especially for converts and marginalised groups.
Summary of Petitioners’ Objections
- Historical recognition of waqfs, especially waqfs by user, is being undermined.
- Community penalized for administrative failure of the State.
- The law is violating religious freedom and minority rights under Articles 25 and 26.
- The State’s regulatory reach is extending into core religious functions.
Need for Reform: Balanced Approach
- Any reform of Waqf laws should ensure:
- Administrative efficiency and transparency.
- Protection of religious rights and community autonomy.
- Avoiding overreach and excessive secular regulation.
