Waqf law: Can Muslims be members in Hindu endowments, asks SC
Extract
from the article:
The Supreme Court recently undertook a crucial hearing on nearly 100 petitions
challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
Central to the litigation is the question of whether Muslims can be members of
Hindu endowments and vice versa, a controversy that probes the interplay of
religious identity and legal recognition in the administration of charitable
trusts and religious endowments. Chief Justice Sanjiv Khanna, presiding over
the bench, articulated a tentative three-point interim framework aiming to
delicately balance the equities between the parties involved. However, despite
this, the court adjourned without passing any interim orders, signalling the
complexity and sensitivity surrounding the issue.
The petitions highlight the tensions between communal
rights, religious freedom, and state regulation. Critics argue that the Waqf
(Amendment) Act imposes restrictions that could intrude into religious affairs
by delineating membership and governance criteria along rigid religious lines.
This denotification of Waqf properties and the exclusion of certain communities
from membership in foundational religious endowments might lead to
disenfranchisement and sociopolitical discord. The Supreme Court’s careful approach
underscores the challenges of reconciling constitutional guarantees of equality
and religious freedom with the administrative necessities of religious
endowments in a pluralistic society.
My
Take:
A. Please
Hear and Read too
"Back in 2021, I drew attention to the Supreme Court’s role in curbing
opaque and potentially divisive mechanisms – in that case, electoral bonds
which obfuscated political financing ahead of elections. I emphasized the
necessity of judicial oversight to preserve systemic transparency and protect
democratic institutions from becoming arenas of covert influence or
exclusion."
Reflecting on that insight now, it's evident that the
Court’s cautious navigation in the Waqf Amendment petitions parallels those
earlier concerns. Religious endowments, much like electoral finance, are
domains where transparency, inclusivity, and constitutional fairness must be
vigilantly safeguarded. While the contexts differ, the principle remains the
same: legal frameworks affecting diverse communities must avoid exacerbating
exclusion or alienation. The judiciary's balancing act here is reminiscent of the
delicate remedies I pointed out that should be employed in politically and
socially sensitive matters.
B. Electoral
Bonds : Supreme Court (suggested) Scheme
"In 2023, the Supreme Court itself questioned the opaque aspects of
electoral bonds and encouraged the government to devise a proportionate and
transparent scheme that would prevent ‘kickbacks’ and preserve accountability.
I highlighted this judicial impetus toward systemic reform that both respects
constitutional mandates and addresses contemporary challenges
comprehensively."
This judicial philosophy is instructive when examining the
Waqf Amendment litigations. The Court’s tentative three-point interim order
signals an attempt to orchestrate legal protections that do not disenfranchise
religious minorities while maintaining administrative order. Just as with
electoral bonds, the challenge is crafting a regime that reflects
constitutional values in a multifaceted society—where religious and communal
identities coexist with legal governance. The Supreme Court’s commitment to subtle,
calibrated solutions rather than abrupt sweeping changes echoes the balanced
reform model I previously advocated.
Call to
Action:
To the Honourable Supreme Court and the Central Government, I urge the
formulation of a transparent, equitable framework for religious endowments
governance that preserves constitutional secularism and inclusivity. It is
imperative to engage in wide consultations with representative religious
communities, legal scholars, and civil society to craft reforms that do not
marginalize minorities or deepen communal fissures. The solution must be one
that binds the nation’s pluralistic fabric stronger rather than unraveling it
through exclusionary statutes. Let the apex court’s wisdom guide us to
harmonize age-old religious traditions with the constitutional promise of equal
dignity and rights for all citizens.
With regards,
Hemen Parekh
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