What’s Going On Between the Supreme Court and the Waqf Act?

Ravi k
By Ravi k
Waqf Board

If you’ve been catching bits of news lately or just overheard people chatting near a pan shop, chances are you’ve heard folks talking about this new Waqf Amendment Act of 2025. It’s not some random law—this one’s got communities across the country worried, debating, and honestly, pretty fired up.

Now, I’m not a legal expert or anything, but growing up in a city like Kanpur, I’ve seen how Waqf lands are part of everyday life. That old mosque near the market, the graveyard we pass on the way to school, even the madarsa with the dusty courtyard—these aren’t just buildings. They’re part of people’s lives. So when Parliament passed a new law in April changing how these properties are managed, it shook things up.

The Supreme Court stepped in and held back-to-back hearings on April 16 and 17. And suddenly, this whole thing feels much bigger than just rules and amendments.

So, Why Did the Supreme Court Step In?

Well, the new Waqf Act brought some bold changes. It says that even non-Muslims can now be part of the Waqf Boards. Also, the old “Waqf by user” idea—where a place is treated as Waqf just because it’s been used that way for decades—is now out. On top of that, District Collectors have been given the power to decide disputes about whether a piece of land is Waqf or not.

If it sounds technical, trust me, the real impact is much deeper. We’re talking about over 8.7 lakh Waqf properties, together worth more than ₹1.2 lakh crore. That’s not small change. The Act sparked protests, trending hashtags like #RejectWaqfBill, and over 100 people went straight to the Supreme Court asking for help. Big names like Asaduddin Owaisi and Mohammad Jawed called it unfair to the Muslim community, while the government insists it’s all about stopping corruption and mismanagement.

So, the Supreme Court—led by Chief Justice Sanjiv Khanna—stepped in like a neutral umpire in a very heated match.

What Actually Happened in the Hearings?

The Court didn’t cancel the Act, at least not yet. But they did look at it closely and asked some very pointed questions.

Here’s what went down:

  • The judges considered freezing a few parts of the Act for now, like the bit about non-Muslims joining the Waqf Boards. But the government said, “Wait, let’s talk it through first.” So, the Court gave them a week to reply. Petitioners get five days after that to respond.
  • The next hearing is scheduled for May 5, and till then, the government has promised not to take any bold steps—like changing the Waqf Board structure or shifting property rights.
  • The Chief Justice also expressed concern about the violence that broke out in places like Murshidabad. He called it “disturbing,” and told everyone to calm down while the Court works through things.

So for now, it’s like pressing the pause button. Not stop, just wait and watch.

The Big Questions Nobody’s Ignoring Anymore

Let me break down the main questions the judges asked—not in legal terms, but like we’re talking over an evening walk:

1. What Happens to Old Waqf Places Without Documents?

There are places—like small mosques in old parts of town—that have been Waqf for ages. But they don’t have paperwork. Back in the 1700s or 1800s, who even had sale deeds? The Court asked, “If we remove the ‘Waqf by user’ idea, will these places suddenly stop being Waqf?” That could mean a lot of community spaces might lose their status overnight.

2. Non-Muslims on Waqf Boards – Fair or Not?

The Court also raised eyebrows at the idea of non-Muslims being added to Waqf Boards. The Chief Justice asked a simple but sharp question—would anyone be okay with Muslims being added to boards managing Hindu temples? That hit a nerve. In many places, that idea alone could cause unrest. The government said non-Muslims would handle admin roles only, not religious matters—but the judges weren’t totally convinced.

3. Can District Collectors Be Trusted Here?

The Act says that District Collectors will decide if a land is Waqf or not. But the judges wondered—what if the Collector is under pressure from the government? What if there’s bias? Once a Collector gives a verdict, the land stops being Waqf. Is that fair? Can people even challenge it in court? All these questions came up.

4. What About Ancient Waqfs Without Deeds?

Again, the Court circled back to the paperwork issue. Many old dargahs and mosques were built long before British laws came in. There was no official deed system. The judges asked—are we now saying those places don’t count just because they don’t have a file with a stamp?

5. And the Violence?

Lastly, the Court didn’t stay quiet about the protests turning violent. In Murshidabad, things got out of hand. The Chief Justice firmly said such violence is unacceptable, especially while the matter is being heard. Everyone needs to cool down.

Why All This Matters

This isn’t just courtroom drama. It affects real people. I remember playing cricket outside a mosque near my school—today, that mosque could be at risk of losing its Waqf status because of paperwork. These places aren’t just walls and domes. They carry memories, traditions, and trust.

The Court’s questions show they’re trying to balance both sides. They’re asking—are we being fair to the past, while also making rules for the future?

My Take on It

Personally, I think it’s a good thing that the Supreme Court stepped in. In places like Kanpur, I’ve seen Waqf properties slowly get taken over by shops or builders. Some rules need fixing, sure. Transparency is important. But we can’t just brush off centuries of history.

Maybe the answer lies somewhere in between. Keep the positive steps, like better records and maybe even allowing women to join boards. But don’t scrap traditions that held things together for years. Also, if we say one religious body must include outsiders, then every religious trust should follow the same rule. No picking and choosing.

Let’s see what happens on May 5. But at least now, the matter is being questioned—and that’s always better than silent acceptance.

Releated to this articale:
Enjoyed this read? Continue the journey with: Waqf Bill 2025: What’s Really Going On? Why So Much Noise?
If this resonated with you, here’s something similar you might like: Disturbed With Violence During Protests Against Waqf Amendment Act : Supreme Court

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