Government Defends Waqf Act Amendments in Supreme Court, Citing Transparency and Curbing Encroachment

The Indian government has strongly defended its recent amendments to the Waqf Act in the Supreme Court, arguing that they are necessary to enhance transparency, regulate the growing number of waqf properties, and prevent misuse. The government filed a detailed legal response, emphasizing the legitimacy of the changes and refuting allegations from petitioners challenging the law.

A Key Concern: Uncontrolled Growth

One of the central arguments put forth by the government is that waqf properties have seen an alarming and unexplained surge in recent years. According to their affidavit, the total land under waqf has more than doubled since 2013, raising serious concerns about potential land grabbing and encroachment on both government and private land. The government believes this rapid expansion necessitates a reassessment of the existing legal framework to prevent further problems.

Parliamentary Process and Public Consultation

The government also highlighted the extensive public consultation and parliamentary scrutiny that preceded the amendments. The Waqf (Amendment) Bill, 2024 was thoroughly debated in Parliament and referred to a Joint Parliamentary Committee (JPC) for review. The JPC received a staggering number of public submissions and conducted extensive research, engaging with a wide range of stakeholders, including state governments, minority commissions, and experts from various fields. This process, the government argues, ensured that the amendments were well-considered and reflected the diverse perspectives of the nation.

Changes Explained: Key Provisions

The affidavit provides a detailed explanation of each amendment, addressing concerns raised by petitioners. For example, the government clarified that while the creation of new waqf is now limited to Muslims, the amended Act allows for non-Muslims to be included in the Central Waqf Council. This, they argue, reflects the secular nature of the administration of waqf properties, which requires expertise and oversight from a diverse range of backgrounds.

Furthermore, the government explained the removal of certain provisions that previously exempted waqf properties from certain legal requirements. They stated that these changes were necessary to bring waqf properties in line with other laws and to reduce ongoing litigation.

The Case Before the Court

The Supreme Court is currently reviewing a batch of petitions challenging various aspects of the amended Waqf Act. This legal battle highlights the complex and sensitive nature of religious property rights in India. The court’s decision will have far-reaching implications for the administration of waqf properties and the rights of both Muslims and non-Muslims in India.