Waqf Law Not an Essential Part of Islam, Says Center Amid Supreme Court Challenge

National News: Petitions challenging the Waqf Act in the Supreme Court were heard on Wednesday for the second consecutive day. During this period, Solicitor General Tushar Mehta, who appeared on behalf of the central government, clarified the concept of Waqf from a legal and constitutional point of view, saying that Waqf is a charitable institution, but it is not an integral or compulsory part of Islam. He also clarified that Waqf is not recognized as a fundamental right in the Indian Constitution.

'Waqf is not religious, system of social donation'

Chief Justice BR In front of the bench of Gawai and Justice Augustine George Christ, Mehta said that some petitioners are deliberately spreading misconceptions that Waqf properties will be captured if the documents are not provided. He said, "Donation is not limited to Islam only. It is also part of social tradition in Hindu, Sikhs and other religions. Waqf is a form of donation in Islam - it is not a fundamental right under the Constitution."

'Government is responsible for protecting public properties'

Mehta also clarified that no one has the right to claim ownership over government land, and the government is authorized to recover illegally occupied land based on the 'Waqf by user' principle. The 'Waqf by user' refers to the assets that have long been used for religious or charitable purposes, even if they have no documentary evidence.

'Religious work is not interrupted by being a non-Muslim member in Waqf Board'

On the questions raised about the appointment of non-Muslim members in Waqf bodies, Mehta said that this is a matter of completely secular work and it does not affect religious processes. He said, "Only two non-Muslim members do not change the nature of Waqf. This is a charity body, not no religious institution."

'Some petitioners cannot represent the entire Muslim society'

Mehta told the court that the Waqf Act passed through the constitutional procedures and intensive deliberations before it was passed in Parliament. He said, "36 meetings of JPC consulted Muslim organizations, and 96 lakh people were represented. It was passed after a debate on every aspect of the law."

'Waqf Act constitutional; it cannot be stopped.'

The central government, in its written statement, made it clear that Waqf is a secular concept, and there is no constitutional need to stop it. Officers above the district magistrates can ensure state rights on Waqf properties, and the petitioners' objections in this regard are 'misleading.'