Waqf Act Amendment partially stayed; Supreme Court halts controversial provisions

NEW DELHI: The Supreme Court has partially stayed the Waqf Amendment Act, putting a hold on some of its controversial provisions. The court noted in its order that such stays are granted only in rare circumstances. It also clarified that the entire law cannot be stayed. One of the key provisions the court stayed was the rule that only those who have practised Islam for at least five years can be associated with Waqf.

Another provision that was stayed said the Waqf property would cease to be Waqf during an investigation. The court also ruled that no more than three non-Muslims can be part of Waqf boards. The bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih issued the order while hearing petitions challenging the amendments to the Waqf Act. On May 22, the Supreme Court had reserved its decision on petitions questioning the constitutional validity of the law.

The petitioners argued that the law violated the Constitution, was an attempt to take over Waqf properties, and wrongly allowed non-Muslims to be appointed to boards. They also opposed the five-year practice rule, saying long-term usage is enough to validate Waqf properties and that it is not always possible to produce documents for every property. They added that the rule declaring Waqf property invalid during investigations was unacceptable.

The Centre, however, maintained that the amendments were not unconstitutional. It argued that Waqf is not an essential religious practice in Islam and that decisions regarding property must not be based on religion.