In a significant legal development, a Sikh individual has approached the Supreme Court to challenge the Waqf (Amendment) Act, 2025. The petitioner contends that the Act infringes upon India's secular ethos by mandating non-Muslim representation in Waqf Boards—a provision not required in the management of other religious trusts. This move has sparked broader concerns about religious autonomy and equal treatment under the Constitution.
The Waqf Amendment Act introduces several controversial provisions. Notably, it mandates the inclusion of non-Muslim members in Waqf Boards, a departure from traditional practices where religious institutions are managed by members of their respective communities. Critics argue that this infringes upon the rights of religious groups to manage their own affairs, as guaranteed under Articles 25 and 26 of the Indian Constitution.
Furthermore, the Act imposes conditions such as requiring individuals to demonstrate five years of practicing Islam to create a Waqf, and abolishes the practice of "Waqf by user," which recognized informal, community-established Waqfs. These changes have been perceived as arbitrary and discriminatory, potentially undermining centuries-old religious practices.
The Sikh petitioner's challenge underscores a growing apprehension among minority communities. Sikh leaders have expressed concerns that the Act sets a precedent for governmental overreach into religious affairs, potentially affecting other communities in the future. As debates continue, this legal challenge brings to the forefront critical questions about the balance between state regulation and religious freedom in India.