Who Owns Waqf; Is It Secular? Supreme Court Debates New Law Sparking Big Questions-OxBig News Network

New Delhi: The Supreme Court as we speak heard the petitions, difficult the not too long ago enacted Waqf Amendment Act. It sought to know from senior legal professionals representing completely different petitioners affect (if any) of the brand new laws on spiritual freedom and management of Muslims over endowed property.

As the listening to started, Senior Advocate Kapil Sibal led the cost. He mentioned waqf just isn’t a secular creation. It is a property devoted by Muslims to God. As earlier, he strongly opposed the regulation’s new provision of inclusion of non-Muslims in waqf our bodies.

He instructed the bench that the brand new Central Waqf Council can now have a Muslim minority. He backed his assertion with the truth that the council’s 22-member physique will now have 10 Muslims, the minority affairs minister and others who embody a bureaucrat, eminent personalities and jurists. As a consequence, in keeping with him, the federal government has taken away Muslims’ management on the donated properties.

Referring to Hindu and Sikh establishments as examples, Sibal instructed the highest courtroom, “Every religious endowment, not a single person is a Muslim or non-Hindu.”

Chief Justice BR Gavai, at that time, requested Sibal, “What about Bodh Gaya? All are Hindus.”

“I knew you will ask this,” responded Sibal and defined that some worship websites are shared between Hindus and Buddhists. “These are mosques. This is not secular. Creation of Waqf is itself not secular. It is a Muslim property dedicated to God,” he mentioned.

Representing a petitioner, Senior Advocate Abhishek Manu Singhvi stepped in and mentioned the brand new regulation forces petitioners right into a endless course of simply to register a waqf. “This is just to infuse fear. Endowments exist in every religion. Which other endowment demands proof that you have followed the religion for five years?” he requested.

He reiterated the a lot heard argument that after a dispute is raised, the property can lose its waqf standing. He referred to as the availability “unfair” and “damaging”.

Senior Advocate Rajeev Dhawan instructed the courtroom that faith is being redefined for the primary time in Indian regulation. “We are a secular nation. One of my clients is a Sikh. He says he wants to contribute to waqf and believes his property should not be taken. This issue strikes at the heart of secularism,” he mentioned.

Senior Advocate Huzefa Ahmadi questioned as to how authorities would examine if somebody is a training Muslim beneath the regulation’s necessities. “Can someone ask me: do you pray five times a day? Or if I drink? Is that how it will be judged?” he requested.

The listening to will proceed tomorrow.

Chief Justice Gavai reminded the courtroom earlier within the day that Parliament-approved legal guidelines are presumed constitutional and that courts can not strike them down with no obtrusive violation of Constitution.

Passed final month, the Waqf Amendment Act triggered widespread protests. Muslim organisations declare the regulation is an assault on minority rights and accuse the federal government of making an attempt to take over waqf properties.

However, the federal government argues that the adjustments will enhance how waqf boards work. It says the amendments will make the system extra environment friendly, inclusive and clear.