The move is a continuation of the government’s efforts to oppress and marginalise the Muslim community, says AILAJ.
Team Clarion
NEW DELHI – The All India Lawyers Association for Justice (AILAJ) has strongly condemned the recent amendment to the Waqf law, terming its implementation “bigoted law-making.” The amendment, which came into effect last week, has sparked widespread protests across the country, particularly among the Muslim community.
The AILAJ statement issued on Sunday highlights several problematic aspects of the amendment, including a potential takeover of Waqf property by the government. The law, the lawyers’ body pointed out, restricts Waqf creation to Muslims practicing Islam for five years which is seen as discriminatory against non-Muslims and Muslims who do not meet this criterion.
The provision of the abolition of “Waqf by user” puts undocumented historical Muslim properties at risk of being disputed and vulnerable to expropriation, the AILAJ said.
It said the law seeks to concentrate power in the district collector enabling state seizure of disputed lands without due process. The AILAJ said the amendment mandates the representation of non-Muslims in Waqf Boards, which may dilute institutional autonomy and pave the way for hostile takeovers.
The AILAJ statement argues that the amendment may have far-reaching implications and institutionalises systemic discrimination against Muslims, facilitating state-sanctioned land grabbing, and erasure of Muslim claims.
The law, it said, violates Articles 25 and 300A of the Constitution, which guarantee freedom of religion and protection of property rights. The amendment may also be seen as part of a predatory agenda to leverage procedural hurdles, biased inquiries, and discriminatory thresholds to legitimise majoritarian land grabs, the AILAJ said.
The AILAJ statement concludes that the Waqf (Amendment) Act 2025 is a continuation of the government’s efforts to oppress and marginalise the Muslim community.
