Supreme Court Hears Arguments on Controversial Waqf (Amendment) Act

The Supreme Court is set to rule on a plea seeking a stay on the newly enacted Waqf (Amendment) Act, 2025, after a heated hearing on Thursday. The act, which aims to regulate waqf institutions, has sparked controversy over its provisions, particularly those concerning the eligibility of Muslims from Scheduled Castes and Scheduled Tribes to dedicate property as waqf.

Government’s Defense

The Union government, defending the act, argued before a bench led by Chief Justice of India B.R. Gavai that it only regulates the secular and administrative aspects of waqf institutions, without interfering with the religious practices of Muslims. Solicitor General Tushar Mehta emphasized that the provision barring Muslims from Scheduled Castes and Scheduled Tribes from dedicating property as waqf is a protective measure. He claimed that without such safeguards, individuals could potentially misuse waqf properties for personal gain.

Mehta further pointed out that several tribal organizations have filed petitions in support of the 2025 Act.

Opposition’s Concerns

Senior advocate Kapil Sibal, representing those opposing the act, argued that it facilitates the takeover of waqf properties through non-judicial means. He sought an interim stay on the legislation, raising concerns about its potential impact on the rights of Muslims from marginalized communities.