Thu 17 April 2025:
Millions flooded Kozhikode Beach in Kerala on Wednesday evening to protest the Union government’s newly passed Waqf Amendment Act, 2025. Organised by the Indian Union Muslim League (IUML), the rally saw a sea of people from across the state, with organisers claiming a turnout of over two hundred thousand calling it the largest protest in India against the controversial law.
The demonstration was inaugurated by IUML state president Panakkad Sayyid Sadiq Ali Shihab Thangal, who strongly criticised the legislation. In his address, he expressed hope that the Supreme Court would overturn what he described as an “anti-constitutional” move by the central government. IUML has already filed a petition challenging the law in the apex court.
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‘Will you allow Muslims on Hindu boards?’
On Wednesday, April 16, the Supreme Court heard a series of petitions challenging the recently enacted Waqf (Amendment) Act, 2025. During the hearing, the apex court posed a pointed question to the Central government, asking whether Muslims would now be allowed to be part of Hindu religious trusts, in light of the changes made to the Waqf law.
The bench, headed by Chief Justice of India (CJI) Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan, pressed Solicitor General Tushar Mehta for clarity. “Are you saying that from now on you will allow Muslims to be part of the Hindu endowment boards? Say it openly,” the bench questioned.
The Solicitor General responded by stating that a significant section of Muslims did not want to be governed by the Waqf Act, hinting at dissent within the community regarding the Act’s applicability.
The court expressed concern over the retrospective application of the Act, observing that properties declared as waqf 100 or 200 years ago could not suddenly be reclassified. “You cannot rewrite the past,” the bench noted, adding that public trusts, once declared waqf, cannot be easily reversed.
The justices also highlighted the exclusive composition of the waqf boards and the Central Waqf Council, pointing out that all members—except for ex-officio ones—must be Muslims. The court asked both sides to address two key issues in upcoming arguments: whether the Supreme Court should hear the case or transfer it to the High Court, and to clearly define the legal questions being raised.
One major concern raised by the bench was the recognition of “waqf by user”—a traditional practice where properties are considered waqf based on long-term religious or charitable use, even without formal documentation.
The court asked how such properties would be registered under the new law, as many lacked official paperwork. It cautioned against invalidating genuine waqf properties, citing historical legal precedents, including Privy Council judgments that recognized the practice.
The government, however, urged the court not to rush and to conduct a proper hearing before making any decisions on the matter.
While the court has not issued a formal notice yet, it stated that the hearing would resume at 2 p.m. on April 17.
The case has drawn attention due to the social unrest that followed the law’s enactment. The Supreme Court acknowledged the concerning violence and emphasized the sensitivity of the matter. Over 70 petitions have been filed, including by AIMIM leader Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, DMK, and Congress MPs Imran Pratapgarhi and Mohammad Jawed.
The Waqf (Amendment) Act, 2025, received presidential assent on April 5 following intense parliamentary debate and was passed in both Houses despite significant opposition. — With Agencies Inputs
SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES
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