NEW DELHI: After the intense political battles in Parliament over the Waqf Amendment Bill , which was passed after lengthy debates in both Houses, a legal battle is now brewing with multiple petitions filed in Supreme Court . The bill received President Droupadi Murmu's assent late Saturday evening.
Also read: President Murmu gives assent to Waqf Bill after Parliament clears it
A day after petitions were filed by AIMIM chief Asaduddin Owaisi and Congress MP Mohammad Jawed, two more were filed Saturday - by Aam Aadmi Party MLA Amanatullah Khan and NGO Association for Protection of Civil Rights - alleging that the bill is unconstitutional as it violates several provisions.
Changes in waqf bill undermine minority rights : Petitioners in SC
Both petitions alleged that waqf bill violates fundamental rights enshrined under Articles 14, 15, 21, 25, 26, 29, 30, and 300A of the Constitution. Some opposition parties and political figures are likely to knock Supreme Court's doors against the proposed law on various grounds.
They alleged that the sweeping changes brought under Unified Waqf Management, Empowerment, Efficiency and Development Act "curtailed religious and cultural autonomy of Muslims, enabled arbitrary executive interference, and undermined minority rights to manage their religious and charitable institutions".
The petitions, filed by advocate Adeel Ahmed, questioned introduction of non-Muslim members in waqf boards and Central Waqf Council. "Principle of equality before the law demands that any classification must be based on intelligible differentia and bear a rational nexus to objective of the law. However, this amendment arbitrarily interferes with religious affairs of Muslim minority, while similar restrictions do not apply to non-Muslim religious institutions, thereby failing the test of fairness, reasonableness, and non-discrimination. Inclusion of non-Muslims in religious affairs of the Muslim minority is not a step toward 'inclusivity' rather, it dilutes the autonomy of an already under-represented community in India's institutional framework," his petition said.
"In contrast, non-Muslim charitable institutions actively prohibit Muslim participation in their religious affairs, highlighting the discriminatory impact of this amendment," it added. The petition filed by the NGO highlighted Sachar Committee Report presents compelling evidence of abysmal socio-economic status and severe under-representation of Muslims in public institutions.
Adeel Ahmed's petition also alleged that the transfer of adjudicatory powers from the tribunal to executive authorities like the district collector (Section 4) and curtailment of the tribunal's powers to stay (Section 83) amounted to denial of fair procedure. "The drastic overhaul proposed by UMEED Bill is not only unnecessary but also an alarming interference into religious affairs of Muslim community diluting the fundamental purpose of waqf," it said.
"The petitioner humbly submits that UMEED Bill is an unconstitutional and unjustified legislative overreach that must be struck down in the interest of upholding fundamental rights, individual freedom and religious autonomy guaranteed under the Constitution," it added.
Also read: President Murmu gives assent to Waqf Bill after Parliament clears it
A day after petitions were filed by AIMIM chief Asaduddin Owaisi and Congress MP Mohammad Jawed, two more were filed Saturday - by Aam Aadmi Party MLA Amanatullah Khan and NGO Association for Protection of Civil Rights - alleging that the bill is unconstitutional as it violates several provisions.
Changes in waqf bill undermine minority rights : Petitioners in SC
Both petitions alleged that waqf bill violates fundamental rights enshrined under Articles 14, 15, 21, 25, 26, 29, 30, and 300A of the Constitution. Some opposition parties and political figures are likely to knock Supreme Court's doors against the proposed law on various grounds.
They alleged that the sweeping changes brought under Unified Waqf Management, Empowerment, Efficiency and Development Act "curtailed religious and cultural autonomy of Muslims, enabled arbitrary executive interference, and undermined minority rights to manage their religious and charitable institutions".
The petitions, filed by advocate Adeel Ahmed, questioned introduction of non-Muslim members in waqf boards and Central Waqf Council. "Principle of equality before the law demands that any classification must be based on intelligible differentia and bear a rational nexus to objective of the law. However, this amendment arbitrarily interferes with religious affairs of Muslim minority, while similar restrictions do not apply to non-Muslim religious institutions, thereby failing the test of fairness, reasonableness, and non-discrimination. Inclusion of non-Muslims in religious affairs of the Muslim minority is not a step toward 'inclusivity' rather, it dilutes the autonomy of an already under-represented community in India's institutional framework," his petition said.
"In contrast, non-Muslim charitable institutions actively prohibit Muslim participation in their religious affairs, highlighting the discriminatory impact of this amendment," it added. The petition filed by the NGO highlighted Sachar Committee Report presents compelling evidence of abysmal socio-economic status and severe under-representation of Muslims in public institutions.
Adeel Ahmed's petition also alleged that the transfer of adjudicatory powers from the tribunal to executive authorities like the district collector (Section 4) and curtailment of the tribunal's powers to stay (Section 83) amounted to denial of fair procedure. "The drastic overhaul proposed by UMEED Bill is not only unnecessary but also an alarming interference into religious affairs of Muslim community diluting the fundamental purpose of waqf," it said.
"The petitioner humbly submits that UMEED Bill is an unconstitutional and unjustified legislative overreach that must be struck down in the interest of upholding fundamental rights, individual freedom and religious autonomy guaranteed under the Constitution," it added.
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