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The Kerala government has moved the Supreme Court seeking to intervene in pleas challenging the constitutional validity of the Waqf Amendment Act, PTI reported on Monday.
The state argued that the amended law has deviated from the 1995 Waqf Act and that Muslims have genuine apprehensions that the changes would affect their fundamental rights and alter the nature of waqf properties, the news agency reported.
“The state feels that the apprehension of the Muslim minority in Kerala that they are discriminated against in the matter of right to manage religious affairs, the waqf and waqf properties is genuine,” PTI quoted Kerala’s plea as having contended. “Many of the provisions of the amendment Act are highly unjust and the Constitutional validity is doubtful.”
A bench of Chief Justice BR Gavai and Justice Augustine George Masih is expected to hear the pleas challenging the constitutionality of the Waqf Amendment Act on Tuesday.
The Union government has opposed petitions challenging the constitutional validity of the law.
In April, the Union government defended the amendment to the Waqf Act before the Supreme Court, arguing that the law does not violate the fundamental rights guaranteed under the Constitution.
A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.
The 2024 Waqf Amendment Bill proposed amendments to 44 sections of the 1995 Waqf Act, including allowing non-Muslims on waqf boards, restricting property donations and changing how waqf tribunals function.
The bill was cleared by Parliament on April 4. It received presidential assent on April 5 and took effect on April 8.
The Congress and the All India Majlis-e-Ittehadul Muslimeen, among others, have challenged the constitutionality of the bill in the Supreme Court.
This article first appeared on Scroll.in
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