Misleading narrative built on ‘waqf by user’: Centre defends law in Supreme Court

Defending the amendments brought to the waqf law, the Centre on Friday argued against any interim pause of provisos while challenges on grounds of religion and property are being heard by the Supreme Court.

In its reply to petitions challenging the Waqf (Amendment) Act, the Centre stated that ‘waqf by user’ has been recognised only upon registration for the past 100 years – since the first waqf act in 1923 – and not by word of mouth. “Hence, the amendment aligns with consistent practice,” the Centre told the bench.

‘Waqf by user’ refers to land or property that is considered waqf due to its long-term use for religious purposes. Even without formal documentation or a written deed, such property could be declared ‘waqf by user’, depending on its usage over time.

The Centre further argued that even if all waqfs, including ‘waqf by user’, had to be mandatorily registered under the original act of 1923, several private and government lands were claimed under ‘waqf by user’, leading to deprivation of valuable property rights of individual citizens and unauthorised claims over public properties.

Earlier this month, the Supreme Court flagged concerns over the removal of the ‘waqf by user’, the inclusion of non-Muslims on waqf boards and the powers of the Collector when it comes to determining the status of waqf on disputed government land.

“We do not stay a legislation normally at this stage of the challenge unless in exceptional circumstances. This appears to be an exception. Our concern is that if waqf-by-user is de-notified, there could be huge consequences,” Chief Justice of India Sanjiv Khanna observed while flagging certain provisions of the act.

On April 17, Solicitor General Tushar Mehta assured the court that they will not appoint non-Muslim members to either Central or State waqf boards as per the latest amendment. He further submitted that waqf by user would not be de-notified till the next date of hearing.

Accepting Mehta’s assurances, the Supreme Court refrained from passing an interim stay and asked Centre, states and waqf boards to file their responses within a week. On the inclusion of two non-Muslims among the 22 members of the Waqf Council, the Centre on Friday called the measure representative of inclusiveness and not an intrusion into the administration of waqf.