Daijiworld Media Network- New Delhi
New Delhi, Apr 16: The Supreme Court is set to hear a batch of petitions today challenging the constitutional validity of the Waqf (Amendment) Act, 2025, amid growing legal and political tensions over the contentious law. On the eve of the hearing, a Public Interest Litigation (PIL) was filed seeking the complete exclusion of Hindus from the ambit of the Waqf Act, 1995.
The latest plea, filed by advocate Hari Shankar Jain, contests over a dozen provisions of the parent Waqf Act, alleging that they violate fundamental rights of non-Muslims under Articles 14, 15, 21, 25, 27 and 300A of the Constitution. Jain, known for his legal activism in temple-related disputes, argued that the existing law confers special privileges to Muslims while denying non-Muslims equal protection and redressal mechanisms in matters involving waqf land.
Advocate Vishnu Shankar Jain, who mentioned the PIL before a bench led by Chief Justice of India Sanjiv Khanna, urged for urgent listing along with ten other petitions already set for hearing today. The CJI assured that the request would be considered.
A three-judge bench comprising CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan will take up nearly 70 petitions filed by various public figures and organisations including AIMIM leader Asaduddin Owaisi, Jamiat Ulama-i-Hind president Arshad Madani, RJD MP Manoj Jha, AAP MLA Amanatullah Khan, the Association for Protection of Civil Rights, and many others.
In opposition to the law, the petitioners alleged that the Waqf (Amendment) Act, 2025 imposes arbitrary restrictions on waqf properties, infringes on the religious autonomy of Muslims, and strips waqf boards of essential protections, thereby discriminating against the Muslim community.
Meanwhile, the Central Government has filed a caveat to prevent the court from issuing any ex-parte orders on the matter. At the same time, six BJP-ruled states — Assam, Haryana, Rajasthan, Chhattisgarh, Uttarakhand, and Maharashtra — have supported the amendment and joined the proceedings in its favour.
The amendment is also facing stiff resistance from regional and national parties. CPI, DMK, YSRCP, and Tamil actor-turned-politician Vijay have moved the apex court challenging the law. DMK’s petition was filed through its Deputy General Secretary and MP A Raja, who was part of the Joint Parliamentary Committee on the Waqf Amendment Bill.
The PIL filed by Hari Shankar Jain further demanded that civil courts, and not Waqf Tribunals, must adjudicate disputes involving waqf land and non-Muslims, especially in cases where common village land or land belonging to Hindus is in question. He argued that non-Muslims must be granted the right to legal recourse in such cases, reinforcing the call for a more balanced and equitable legal framework.