The Supreme Court on Monday (September 15, 2025) gave an important verdict regarding the Waqf (Amendment) Act, 2025, in which some provisions were banned, but many controversial sections still retain. Under this decision, according to Section 3D of the Waqf Act, 1995, the archaeological survey of India (ASI) will not be considered as Waqf property. This decision is in line with the Waqf Amendment Act of the BJP government at the Center, which tries to increase government control over Waqf properties. The court has ordered a final hearing in this matter soon, so that the proceedings can be taken forward.

Lok Sabha MP from Hyderabad and AIMIM President Asaduddin Owaisi has strongly criticized the decision. Describing it as a violation of Articles 14, 15, 25 and 26 of the Constitution, he said that the Act is a direct attack on religious and property rights of Muslims. Owaisi argued in his petition filed in the Supreme Court that this law only targets Muslim Waqf properties, while trusts from other religious communities do not face such restrictions. He called it discriminatory and anti -minority.

ASI Waqf status will not apply to protected monuments

The Supreme Court clarified that the status of Waqf will not be applicable to the monuments protected by the ASI, but under Section 5 (6), religious practices have been allowed to continue. Along with this, the concept of ‘Waqf by user’ was initially justified to end the future, which the government described as the basis of stopping encroachment on government properties.

Owaisi opposed this provision and said that it puts religious places like old mosques and dargahs in danger. He raised the question that if a person adopts Islam, then why is the condition of five years being imposed on his religious rights? The court has set a stay on this condition, but according to Owaisi, this is a clear example of discrimination.

Owaisi expressed concern over the intervention of the collector in the survey of Waqf properties

The court did not stop the survey of Waqf properties on behalf of the collector, which was earlier with the survey commissioner. This provision increases government intervention. Owaisi expressed concern over this and said that the role of the collector weakens the autonomy of the Waqf Board. In addition, the court did not stay the appointment of non-Muslim members in Waqf boards, which Owaisi violated Article 26, as it promotes external interference in Muslim religious affairs. The imperative of Waqf registration was also retained, which can endanger the old Waqf properties.

Owaisi raised serious questions about the management of Waqf boards

Owaisi raised many serious questions about the management of Waqf boards. He said that the Waqf survey has been completed in only seven states and the BJP government is trying to weaken its assets instead of increasing the income of Waqf.

The provisions of quick action on the encroachers in the law are weak and the proposal to appoint Mutavalli through MLAs or MPs by postponing Waqf elections increases the political dominance of the BJP. Owaisi called it an attack on the autonomy of Waqf boards.

Owaisi gave an example of Babri Masjid

Owaisi, giving the example of Babri Masjid, said that it is a Waqf property itself and this decision can affect historical religious places. He warned that this act is an attempt to weaken the religious and cultural identity of Muslims. He lodged his protest by tearing the Waqf Amendment Bill in Parliament and said that it is an attack on the faith of Muslims.

Owaisi insisted that Waqf properties are not only for Muslims, but for social welfare, which benefit all communities. Under Article 26, the appointment of non-Muslims in Waqf Board is a violation of minority rights.

Owaisi demands constitutional justice from Supreme Court

Describing this decision as discriminatory against the Muslim community, he has demanded constitutional justice from the Supreme Court. Owaisi said, ‘This Act is against the basic structure of the Constitution. We will continue a legal and democratic fight against it.

This decision has launched a new debate on the management and minority rights of Waqf properties. Owaisi has called upon the countrymen to unite and raise their voice against this injustice, so that the Constitution can be protected. Is this decision justified to all? This question is unanswered, but Owaisi resolve that the struggle for the rights of Muslims will continue.

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