Citing an example he said, while Hindu and Sikh religious trusts continue to enjoy a degree of self-regulation, the amendments to the Wakf Bill, 1995, disproportionately increase state intervention in Waqf affairs.”Such differential treatment amounts to a violation of Article 14 in addition to introduction of arbitrary classifications that lack a reasonable nexus to the objectives sought to be achieved, making it impermissible under the doctrine of manifest arbitrariness,” he added.Jawed also mentioned that the Bill introduces restrictions on the creation of Waqfs based on the duration of one’s religious practice. “Such a limitation is unfounded in Islamic law, custom or precedent and infringes upon the fundamental right to profess and practice religion under Article 25. The restriction discriminates against individuals who have recently converted to Islam and wish to dedicate property for religious or charitable purposes, thereby violating Article 15,” the plea added.He further said that the Bill omits the concept of Waqf-by-user thus removing certain provisions, disregarding established legal principles. This limits the Waqf Tribunal’s ability to recognize properties as Waqf based on historical usage, violating Article 26, which guarantees religious denominations the right to manage their affairs.The enhanced role of the state authorities in Waqf administration impinges on the right of the Muslim community to manage its institutions. The Bill shifts key administrative functions, such as the power to determine the nature of Waqf properties, from the Waqf Board to the District Collector. This transfer of control from religious institutions to government officials dilutes the autonomy of Waqf management and contravenes Article 26(d). Such an amendment is also against settled law, the pea added.
Source link
