According to the plea, the current law gives “undue favours” to Muslims and harms the religious and property rights of Hindus.
NEW DELHI: Today,15th April: Some Hindu parties have gone to the Supreme Court to challenge the constitutional validity of the Waqf Act, 1995, as changed by the new Waqf (Amendment) Act, 2025. They say the law is unfair and violates the rights of Hindus and non-Muslims.
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The petition was filed by Advocate Hari Shankar Jain and others, and was mentioned before the Supreme Court on Tuesday by Advocate Vishnu Shankar Jain, who asked for urgent listing of the matter.
The petition says that some parts of the Waqf Act let members of the Muslim community “illegally capture” government land and Hindu religious properties. According to the plea, the current law gives “undue favours” to Muslims and harms the religious and property rights of Hindus.
The petitioners are asking the government to identify Hindu religious and personal properties that have been wrongly listed as Waqf properties.
They believe that some parts of the law go against Article 14 (Right to Equality) and Article 25 (Right to Freedom of Religion) of the Constitution.
They also claim that “public lands, government properties, and even gram sabha lands have been misused under the guise of Waqf”, and that this has led to a huge loss to public revenue.
The petition also adds, “Muslims have created a big empire and are earning crores of rupees at the cost of the general public.”
The petition mainly targets Sections 4 and 5 of the Waqf Act. These sections allow the identification and listing of Waqf properties by Waqf Boards. But the plea says these provisions do not require public notice or give people a chance to be heard before a property is declared as Waqf. Because of this, the petition says the process is “illegal” and “non-transparent”.
The petitioners have made several requests to the Supreme Court:
- A declaration that Sections 4 and 5 of the Act should not apply to Hindus or non-Muslims.
- A direction to the government to find and return Hindu properties that have been wrongfully registered as Waqf.
- A request to allow civil courts to hear complaints from Hindus or other non-Muslims against any actions taken under the Waqf Act.
- A rule that no property should be registered as Waqf unless proper notice is given and a hearing is held for the affected parties.
The Waqf Act deals with the management of properties donated for religious and charitable use by Muslims. These include mosques, graveyards, dargahs, and other properties dedicated for public good.
In 2025, the government made some major changes to the Waqf Act. These amendments were passed during the Budget session of Parliament, after intense debates in both Lok Sabha and Rajya Sabha.
The government says the new changes are meant to improve transparency and stop corruption. But many opposition parties and Muslim organisations strongly opposed the amendments. They said the changes are “discriminatory and unconstitutional”.
One of the new changes allows non-Muslims to be part of Waqf Boards, and gives the government more power to manage Waqf land records.
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While the government says it wants to ensure “better governance” of Waqf properties, critics say that these changes can harm the independence of Waqf institutions and take away rights from the Muslim community.
Many petitions have already been filed in the Supreme Court challenging the recent amendments to the Waqf Act. These petitions raise concerns about violations of fundamental rights, especially the right to equality and freedom of religion.
The matter will be heard by a Supreme Court bench led by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, on April 16.
Multiple petitions have already been filed in the apex court, all challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
Meanwhile, the Central Government has filed a caveat application in the Supreme Court, requesting the court not to pass any order without hearing its side. A caveat application ensures that the government will be notified and heard before any decision is taken.
Several prominent individuals, political leaders, religious bodies, and organisations have already filed similar petitions against the Act. They argue that the law discriminates against the Muslim community and violates their fundamental rights.
On April 5, 2025, President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill after both Houses of Parliament passed it amid intense debate.
Opposition to the law has come from a wide range of political and social groups, including:
- Asaduddin Owaisi, Member of Parliament from All India Majlis-e-Ittehadul Muslimeen (AIMIM)
- Mohammad Jawed and Imran Pratapgarhi, Congress MPs
- Amanatullah Khan, AAP MLA
- Chandra Shekhar Azad, MP and President of Azad Samaj Party
- Zia Ur Rehman Barq, Samajwadi Party MP from Sambhal
- Maulana Arshad Madani, President of Jamiat Ulema-i-Hind (Islamic clerics’ body)
- Samastha Kerala Jamiatul Ulema, a body of Sunni scholars in Kerala
- Social Democratic Party of India
- Indian Union Muslim League
- Association for Protection of Civil Rights (NGO)
The All India Muslim Personal Law Board (AIMPLB) has also filed a petition in the Supreme Court, stating that it “strongly objected to the amendments passed by Parliament for being ‘arbitrary, discriminatory and based on exclusion‘”.
In addition, Rajya Sabha MPs Manoj Jha and Faiyaz Ahmad from the Rashtriya Janata Dal (RJD), along with RJD MLA Muhammad Izhar Asfi from Bihar, have also challenged the law. They say the law would allow the government to interfere extensively in Muslim religious properties.
