Any legislation should be judged by whether it is rooted in constitutional values like equality, justice, freedom of religion. The Waqf Act is not
The Waqf (Amendment) Act of 2025 has become a point of contention, raising significant concerns about its intentions and the manner in which it was enacted. In India, where mosques, dargahs, and orphanages stand as enduring symbols of faith, the term “waqf” carries immense spiritual and historical significance. However, this amendment appears to undermine the very foundation of these institutions, transforming a sacred trust into an instrument of economic and institutional control.
The Incompatibility of Majoritarianism and Democracy
In a majoritarian political environment, laws can be swiftly passed, but such legislation fails to embody the spirit of democracy. True democracy demands inclusive deliberation, good-faith engagement, and a sensitivity to the concerns of minorities and marginalized groups. The hurried passage of this law, without proper discussion or input from the communities directly affected, reflects a troubling disregard for these democratic principles.
The Waqf Amendment Act: A Threat to Religious Freedom and Justice
The Waqf (Amendment) Act does not align with the constitutional values of equality, justice, and freedom of religion. Instead, it risks undermining the autonomy of waqf institutions, which have served as pillars of support for the community for centuries. The Act introduces government control over waqf properties without offering the promised resources for development or training. This results in not just a loss of trust but a tangible threat to the financial and educational integrity of these institutions.
Lack of Consensus and Inclusivity in Lawmaking
The rushed passage of this Act highlights the broader issue of lawmaking in a majoritarian system: laws that bypass compromise and fail to reflect a broad consensus often disregard the needs of minority communities. True legislative reform should involve a careful balance of viewpoints to craft laws that serve the interests of all citizens. The Waqf (Amendment) Act falls short of this ideal, opting instead for unilateral action that overlooks the concerns of a significant portion of the population.
In conclusion, the Waqf Amendment Act is not just an administrative change it is a direct challenge to the foundational principles of freedom of religion and equity. The law, in its current form, is not only a violation of these principles but a missed opportunity to build an inclusive and just framework for all communities in India.
(Extract from : indianexpress.com)
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