Kerala Waqf Board told the Supreme Court that the new Waqf law removes its key powers and unfairly targets Muslims. It warned that these changes may harm religious rights and give too much control to the Centre.
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NEW DELHI: The Kerala State Waqf Board has given its first reply in the Supreme Court against the Waqf (Amendment) Act, 2025. This reply was submitted by Advocate Subhash Chandran. In this reply, the Board strongly said that the new changes in the law are not right and take away its powers.
The Waqf Board mainly raised a big problem about the removal of Section 40 from the Waqf Act, 1995. Before the amendment, this section gave power to the Waqf Board to decide if a property was Waqf (a religious property meant for God under Islamic rules).
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But in the new Act, this section has been completely removed. The Board called this removal an “encroachment” on its powers.
The Board clearly said,
“Waqf properties have been protected to a great extent because the Waqf Board has undertaken the complex legal task of verifying whether a property is a Waqf dedicated to God, as defined under Waqf law.”
It also explained how important this power was in saving Waqf properties.
The Board added,
“Several decisions made by the Waqf Boards under Section 40 have been upheld by various High Courts and by this Hon’ble Court as well. Transferring this power to a designated magistrate or district collector would make the process lengthier and more complicated, increasing the risk of Waqf properties being lost.”
At the time of introducing this amendment in the Indian Parliament, the Union Minister for Minority Affairs, Kiren Rijiju, had called Section 40 as “draconian.”
The Board raised more problems in the reply. One of them is about a new rule added in Section 61. As per the new rule, if a Mutawalli (a caretaker of a Waqf property) does not follow the orders from the Board or the district collector, he can be sent to jail for up to one month or made to pay a fine up to Rs 1 lakh.
The Board said,
“This effectively compels the Mutawalli to act as per the collector’s instructions. Moreover, failure to upload Waqf details on the Central government portal each year will attract the same punishment. This appears to be an attempt by the Central government to gather detailed data about Waqf assets and income—a level of scrutiny not applied to any other community, thus violating the right to equality.”
The reply also said that not all religious groups in India have laws like the Waqf law to control their religious property. But only some communities are being asked to follow such strict rules. The Board said the government is using a “pick and choose” method that targets some religions unfairly.
Another important point in the reply is the Board’s strong opposition to allowing non-Muslims to become members of Waqf Boards or the Central Waqf Council. The Board said this is against the basic rights of a religious group to handle its own matters. The Board also opposed the removal of ‘Waqf-by-user’ (a traditional way of proving a property is Waqf by how it’s used) and the new rule that only a person who has followed Islam for at least five years can make a Waqf.
The Waqf Board also said that these amendments were made by the Central Government without talking to State Governments or State Waqf Boards. According to the Board, these new rules take away the powers of the State Boards and hand over everything to the Centre.
ALSO READ: Waqf Amendment Act | “Undoing ‘Waqf by User’ Will Create Problems”: Supreme Court
The Board said,
“The amendments are designed to centralize control, with all information about Waqf properties, their revenues, and the management of Mutawallis being vested in the Central Government. The provisions promote regulation, data collection, and interference by non-Muslim individuals in Waqf decision-making—an approach not applied to any other religious community. These amendments, which erode fundamental rights guaranteed by India’s constitutional structure, suggest an ulterior motive.”
This reply from the Kerala Waqf Board comes after the Supreme Court allowed all State Waqf Boards and State Governments to give their opinions while the Court is hearing cases that are challenging the Waqf (Amendment) Act, 2025.
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