Hindu Woman Files PIL in Supreme Court Against Waqf Act, Calls It Discriminatory

New Delhi (The Uttam Hindu): A significant petition has been filed in the Supreme Court challenging the Waqf Act, 1995 and the recently enacted Waqf Amendment Act, 2025. Filed by Parul Kheda, a resident of Uttar Pradesh, the Public Interest Litigation (PIL) alleges that the provisions of the Act are discriminatory against Hindus and non-Muslims. The plea argues that the Waqf Board has been granted excessive powers that infringe upon the fundamental rights enshrined in Articles 14, 15, 25, 26, 27, 300A, and 323A of the Constitution. The petition specifically seeks the protection of Hindu and non-Muslim properties from being arbitrarily declared as Waqf property.

The petition also raises concerns about the absence of provisions for public notice or hearings before including a property under Waqf. It states that the Act lacks protective mechanisms for non-Muslim communities and gives the Waqf Board unilateral authority, without offering affected parties the right to contest such declarations. Additionally, the use of public funds by the state for Waqf property surveys and notifications is claimed to be a violation of Article 27, which prohibits tax collection for promoting any particular religion. The petitioner argues that such practices violate the constitutional principle of secularism.

Another major contention is the legality of Waqf tribunals as the sole authority to resolve disputes regarding Waqf property. The petition contends that property disputes between religious communities are complex and best handled by civil courts rather than quasi-judicial bodies. The Supreme Court is scheduled to hear the matter on April 16, and the case has now brought wider public attention to the constitutional validity of the Waqf Act and its impact beyond the Muslim community.