AAP MLA Amanatullah Khan Challenges Waqf Bill in SC: “Amendment Undermines Minority Rights to Manage Religious Institutions”

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AAP MLA moved the Supreme Court challenging the Waqf Amendment Bill, following similar opposition from Congress and AIMIM leader Asaduddin Owaisi. The bill seeks to amend the Waqf Act of 1995, which governs the administration of Waqf properties across India. Opposition parties have raised concerns over its potential impact on minority rights and property management. The legal challenge reflects growing resistance to the bill from multiple political fronts.

New Delhi: The Aam Aadmi Party (AAP) joined the Congress and Asaduddin Owaisi’s AIMIM in challenging the Waqf Amendment Bill in the Supreme Court. This contentious legislation is awaiting the President’s assent after passing through both Houses of Parliament.

The proposed amendments to the 1995 law governing Waqf properties have raised concerns among opposition parties, who argue that the law is discriminatory and specifically targets Muslims.

AAP MLA Amanatullah Khan, in his petition, stated that the amendment would diminish the religious and cultural autonomy of Muslims, asserting that government intervention undermines the rights of minorities to manage their religious and charitable institutions.

In contrast, the government argues that the law will benefit Muslim women and promote transparency in the management of Waqf properties.

Khan’s challenge to the constitutional validity of the Waqf Amendment Bill claims that it infringes on multiple fundamental rights, including the right to equality, the management of religious affairs, and the rights of minorities.

He contends that the bill restricts the religious and cultural autonomy of Muslims, permits arbitrary executive interference, and undermines minority rights regarding the management of their institutions.

His petition follows similar actions taken by opposition MPs, including Congress’s Mohammad Jawed and Asaduddin Owaisi.

Jawed, who served on the joint parliamentary committee for the Waqf bill, stated that the law discriminates against Muslims by imposing restrictions not applicable to other religious institutions.

The Association for Protection of Civil Rights, an NGO, has also filed a petition in the Supreme Court opposing the Bill.

In total, four challenges have been filed so far by various individuals and organisations.

On Friday, All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi approached the Supreme Court challenging the Bill.

In his plea, Owaisi stated that the amended Bill “irreversibly dilute” the statutory protections previously afforded to waqf properties and their regulatory framework while conferring undue advantage to other stakeholders and interest groups, undermining years of progress and setting back Waqf management by several decades.

A significant concern regarding the legislation is the provision allowing non-Muslim members to be included in Waqf councils and state boards, which Owaisi argues is a violation of the Constitution, as such provisions do not exist for the Hindu Endowment Board or the Jain Endowment Board.

Owaisi remarked,

“The BJP is using its majority in parliament not to reform, but to destroy, to take away all the rights Muslims have; you are by enacting a law waging a war on Muslims,”

In defense of the bill, BJP MP Ravi Shankar Prasad told that it aims to enhance transparency by holding Waqf boards accountable. He sought to reassure the public that no mosques or graveyards would be affected by the law.

The Lok Sabha approved the Waqf bill early Thursday with a vote of 288 to 232, following a contentious debate between the opposition and treasury benches. The Rajya Sabha subsequently passed the bill with 128 votes in favor and 95 against it.

The passage of the bill has ignited widespread protests in cities such as Kolkata, Chennai, and Ahmedabad following Friday’s weekly prayers.




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