The Supreme Court of India has raised a pivotal question to the Union government: whether it is prepared to allow Muslims to be part of Hindu religious trusts. This query emerged during the court's examination of multiple petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
A three-judge bench, led by Chief Justice Sanjiv Khanna and comprising Justices Sanjay Kumar and K.V. Viswanathan, is hearing 73 petitions that contest the recent amendments to the Waqf Act. The petitioners argue that the changes infringe upon religious freedoms and property rights, potentially altering the management of religious endowments in India.
During the proceedings, Chief Justice Khanna questioned Solicitor General Tushar Mehta, representing the Centre, about the possibility of reciprocal arrangements in religious trust management. Specifically, he asked if the government would consider allowing Muslims to participate in Hindu religious trusts, highlighting concerns about equal treatment across religious communities.
The court also addressed the concept of "waqf by user," where properties have been used for religious purposes over extended periods without formal documentation. The Chief Justice emphasized the challenges in requiring historical records for such properties, noting that many religious sites predate modern registration systems.
Solicitor General Mehta defended the amendments, asserting that the inclusion of non-Muslims in waqf boards aims to enhance transparency and accountability. He maintained that the changes do not strip away judicial review and that disputes over waqf properties can still be adjudicated by appropriate authorities.
The Waqf (Amendment) Act, 2025, has sparked significant debate across the country. Critics, including various Muslim organizations and opposition parties, contend that the legislation undermines the autonomy of waqf boards and could lead to the appropriation of Muslim properties. They argue that the amendments may set a precedent affecting the management of other religious endowments.
Conversely, proponents of the Act argue that the reforms are necessary to address alleged mismanagement and corruption within waqf institutions. They believe that increased oversight and inclusivity will strengthen the integrity of religious endowments.
The Supreme Court's inquiry into the potential inclusion of Muslims in Hindu religious trusts underscores the broader implications of the Waqf (Amendment) Act on India's secular and pluralistic fabric. As the hearings continue, the court's deliberations are expected to have far-reaching consequences for the governance of religious properties and the principle of equality among India's diverse religious communities.
