Wakf Act Amendment Does Not Interfere in Religious Affairs of Muslims, Says Central Government in Supreme Court
In a significant development, the Central Government has clarified before the Supreme Court that the recent amendments to the Wakf Act do not interfere in the religious practices of the Muslim community. This statement came during the hearing of several petitions challenging the Wakf Act amendments.
The government’s counsel argued that Wakf is not a religious doctrine, but rather a concept that evolved within the Muslim community as a social institution to manage charitable properties. He emphasized that it does not form part of the essential tenets of Islam.
The counsel also noted that even in many Islamic countries, the concept of Wakf is not treated as a religious obligation but as an administrative mechanism for managing donated properties. Therefore, linking it with religious interference is incorrect, he said.
What is Wakf?
Wakf refers to a voluntary endowment of property (usually by Muslims) for religious, charitable, or community welfare purposes. These properties are then managed by a Wakf Board or a similar trust-like institution to ensure they serve the intended purpose, such as funding schools, mosques, orphanages, or community development.
The Central Government argued that there is no direct relationship between worship practices and Wakf administration, asserting that Wakf is purely a socio-administrative mechanism. It further stated that the Wakf Act amendment was brought in response to disputes and irregularities in the management of Wakf properties.
Why Was the Wakf Act Amended?
Over the years, numerous controversies and allegations of mismanagement have plagued Wakf Boards across India. There have been issues related to land encroachment, unauthorized leasing, and lack of transparency in property dealings. To address these challenges, the Central Government introduced amendments aimed at streamlining the functioning of Wakf institutions.
These amendments reportedly include better oversight mechanisms, transparent leasing rules, and provisions that allow Wakf lands to be used for public welfare projects with due process. The government maintains that these reforms are meant to protect Wakf properties and ensure they serve the intended community benefits.
Does It Amount to Religious Interference?
One of the main concerns raised by petitioners was whether the amendments amounted to state interference in the religious affairs of Muslims. Responding to this, the government’s counsel asserted that since Wakf is not an essential religious practice, and since the law doesn’t interfere with any form of worship, it cannot be considered an infringement of religious freedom.
The government emphasized that the amendment strictly deals with the administration and management of charitable properties and not with any religious rituals or beliefs.
Conclusion
As the Supreme Court continues to hear arguments, the central question remains: Is Wakf a religious practice or an administrative tool? Based on the government’s argument, Wakf is a community-based system that does not fall under religious rituals protected by Article 25 of the Constitution.
The outcome of this case could have far-reaching implications for how religious charitable trusts are governed in a secular democracy like India.
