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Challenges To Waqf Law To Be Heard By Supreme Court Today: 10 Points


New Delhi:

A bunch of petitions challenging the amended Waqf law — meant to govern how Muslim charitable properties are managed — will be heard by the Supreme Court today. Six BJP-ruled states that intend to defend the law, have sought to join in.

Here are the top 10 points in this story:

  1. The Waqf Amendment bill was passed by parliament earlier this month after marathon debates in the Lok Sabha and Rajya Sabha. Now, a three-judge bench of Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and KV Vishawnathan will hear the challenges to it at 2 pm.
  2. Earlier, the Supreme Court made it clear that it would not trespass into the domain of the legislature. But as the final arbiter on issues involving Constitution, it has agreed to hear the petitioners, who insist that the amended law tramples on several fundamental rights, including the right to equality and the right to pursue religious practices.
  3. Among those who challenged the law are leaders of Congress, Janata Dal United, Aam Aadmi Party, DMK and CPI; religious organizations and NGOs like Jamiat Ulema Hind and the All-India Muslim Personal Law Board.
  4. BJP-ruled Madhya Pradesh, Rajasthan, Chhattisgarh, Assam, Maharashtra and Uttarakhand — who are supporting the law — have filed applications demanding to be heard.
  5. Some of the petitions have demanded that the law be cancelled, calling it unconstitutional. Others want the court to stop its implementation. It has also been termed arbitrary and discriminatory against Muslims.
  6. In his petition, AIMIM chief Asaduddin Owaisi said the updated law abolishes the protections given to Waqfs. Diminishing the protection given to Waqf properties while retaining it for other religious is discriminatory, he has claimed.
  7. AAP’s Amanatullah Khan, in his petition, has argued that the inclusion of non-Muslim members in Waqf boards is violative of Article 14, and it does not have any rational connection with the purpose of religious property administration.
  8. The government has maintained that the bill is about property and its management, not religion. There are largescale irregularities in the management of Waqf properties and their proceeds do not help impoverished Muslims or women and children, which the amended law would rectify, it has said.
  9. Also, the bill was drawn up after consulting a large section of people and it has the support of non-Muslim minorities. It passed the scrutiny of a Joint Parliamentary Committee and many amendments suggested by the members have been included, the government has contended.
  10. There have been protests against the amended law and before that, the bill, in parts of the country. The worst of these took place in Bengal, where three people died and many became homeless as the protests sparked violence. Bengal Chief Minister Mamata Banerjee has said her government will not implement the amended Waqf law.



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