Petitions challenge Waqf Act ‘constitutionality’

• Section 3C of the 2025 Act allows encroachers to initiate disputes, with no prescribed timeline or procedure.

• Disputes over land fragments freeze Waqf status, affecting existing uses like schools, hospitals, burials, and community centers.

• The Act “subordinates” Muslim members in Waqf administrative bodies, excluding non-Muslims.

• Waqf properties declared protected under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, become void as Waqf under Section 3D of the 2025 Act.

• The super-imposing of ancient monument laws on religious Waqfs could affect their protection under the Places of Worship Act, 1991.

• Section 3E, which prohibits land belonging to Scheduled Tribes from being declared Waqf property, is deemed discriminatory.

• The government’s claim of a 116% “explosion” in Waqf properties from 2013 to 2024 is alleged to prejudice the court.