Latest news with #Muttawalli
Hans India
21-05-2025
- Politics
- Hans India
Make strong case for interim relief: SC
New Delhi: In a significant hearing on Tuesday, the Supreme Court examined petitions challenging the Waqf (Amendment) Act, 2025 for over three hours, focusing primarily on the issue of interim relief. A bench comprising Chief Justice of India BR Gavai and Justice AG Masih heard arguments centred on whether to grant a stay on the amended law. During the session, CJI Gavai emphasised that a "very strong and glaring case" must be made out for any statute to be stayed. 'There is a presumption of constitutionality in favour of every statute. For interim relief, a very strong case is required. Otherwise, this presumption will prevail,' the CJI observed. Senior advocate Kapil Sibal, appearing for the petitioners, asserted that the 2025 amendments posed an imminent threat of "irreparable injury" if implemented. He claimed the petitioners had a solid prima facie case against the amendments. Solicitor General Tushar Mehta, representing the Union government, requested the court to limit the hearing to three specific issues, as identified by the previous bench on April 16. He noted that the petitioners' written submissions exceeded this scope. In response, senior advocates Kapil Sibal and Dr Abhishek Manu Singhvi opposed any narrowing of the hearing. Sibal contended that no such restriction was placed by the court in its earlier order, stating that the nature of the challenge required a comprehensive hearing. CJI Gavai remarked that the bench would proceed based on the court record and invited Sibal to begin his submissions. Opening his arguments, Sibal strongly criticized the 2025 amendments, stating that they were intended to "capture Waqfs" by granting government officers quasi-judicial powers. He objected to the provision that allows a government official to decide whether Waqf land is encroaching on state property a move he called unconstitutional. He further argued that the amendments nullified the principle of 'once a Waqf, always a Waqf.' Under earlier laws, non-registration of Waqf properties did not affect their validity, and only resulted in penalties for the caretaker (Muttawalli). But under the new law, non-registration could strip a property of its Waqf status entirely. The bench noted this submission, stating, "From 1913 to 2023, though registration of Waqf was mandated, no serious consequences followed except removal of the Muttawalli. The 2025 amendments depart from this framework." Sibal also highlighted challenges surrounding Waqf-by-user, noting that requiring identification of the original creator is problematic, particularly for centuries-old properties. If the creator's details are not provided, the Muttawalli now faces up to six months' imprisonment. Another contentious issue raised was the amendment's impact on religious structures declared as protected monuments under the AMASR Act. Sibal argued that the law invalidates Waqf declarations for such properties, violating fundamental rights under Articles 14, 25, and 26 of the Constitution. Citing the Delhi Jama Masjid as an example, he said the mosque continues to function as a Waqf despite being a protected monument. The hearing will continue on Wednesday, with further arguments expected from both sides.
India Gazette
20-05-2025
- Politics
- India Gazette
Waqf Act designed to 'capture Waqf properties' through a process which is non-judicial, petitioners tell SC
New Delhi [India], May 20 (ANI): The Supreme Court on Tuesday was told by petitioners challenging the Constitutional validity of the Waqf (Amendment) Act, 2025, that the Act has been framed to protect Waqfs but in reality, it is designed to 'capture Waqfs' through a process which is non judicial. Senior advocate Kapil Sibal, appearing for petitioners, objected to the provision empowering a government Officer to decide disputes about whether Waqf properties have encroached on government land. He said that private properties are being taken away only because of dispute. 'A officer above Collector is appointed to see the dispute, and meanwhile till the dispute is decided, the property is taken away and loses its character as a Waqf property,' Sibal argued. A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih was hearing the arguments on interim relief in the case. The senior advocate further told the bench that the 2025 amendments nullified the principle 'once a Waqf, always a Waqf.' Sibal contended that earlier, though the property was preserved as an ancient monument the identity of the property did not change from being a Waqf and get transferred to the government. 'Now such Waqf property shall be void, and once Waqf is void, people will be stopped from going to pray. The right to freely practice religious activity is curtailed,' contended Sibal. To this, CJI said that people still go and pray at Khajurao temple though it is preserved as an ancient monument. He further argued that under the previous law, non-registration of the Waqf properties did not affect the validity of the Waqfs and the only consequence was that the Muttawalli would have to pay some penalty. 'However, the 2025 amendment makes a complete departure to state that if there was no registration, the Waqf will no longer be recognised,' he added. Next, Sibal objected to the provisions allowing the nomination of non-Muslims to the Central Waqf Council and the state Waqf Boards. He further pointed out that in none of the laws relating to Hindu endowments, persons from other religions are allowed. On the Centre's stand that the 2025 amendments are to regulate the secular aspects of property administration, Sibal said the creation of Waqf is not a secular activity. 'It is a Muslim's property which he dedicates to God,' he added. Senior advocates Rajeev Dhawan, Abhishek Manu Singhvi, CU Singh also argued for the petitioners. The bench will continue hearing the arguments of Centre. The previous bench headed by the then CJI Sanjiv khanna had said it will consider three issues for interim relief -- de-notifying Waqf properties whether they are Waqf by deed or Waqf by user, nomination of non-Muslims to the Waqf Council and State Waqf Boards and identification of government land under Waqf. Solicitor General Tushar Mehta, representing the Centre, had earlier assured the apex court that the three key provisions of the Waqf Act will not be given effect to for some time. Solicitor General of India had also given an assurance that no appointments will be made to the Waqf Council or Waqf boards. A batch of petitions challenging the Act was filed before the apex court contending that it was discriminatory towards Muslim community and violates their fundamental rights. Six Bhartiya Janta Party-ruled states had also moved the apex court in the matter, in support of the amendment. President Droupadi Murmu on April 5 gave her assent to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses. Central government had filed its preliminary affidavit in the Supreme Court while seeking dismissal of petitions challenging constitutional validity of Waqf (Amendment) Act, 2025 as it said law was not violative of the fundamental rights guaranteed under the Constitution. The Centre in its affidavit had said the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution. The Central government had urged the court not to stay any provisions of the Act said that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally. (ANI)
United News of India
20-05-2025
- Politics
- United News of India
Waqf law: Strong case needed to stay law, says SC
New Delhi, May 20, (UNI) In a significant hearing on Tuesday, the Supreme Court examined petitions challenging the Waqf (Amendment) Act, 2025 for over three hours, focusing primarily on the issue of interim relief. A bench comprising Chief Justice of India BR Gavai and Justice AG Masih heard arguments centred on whether to grant a stay on the amended law. During the session, CJI Gavai emphasised that a "very strong and glaring case" must be made out for any statute to be stayed. 'There is a presumption of constitutionality in favour of every statute. For interim relief, a very strong case is required. Otherwise, this presumption will prevail,' the CJI observed. Senior advocate Kapil Sibal, appearing for the petitioners, asserted that the 2025 amendments posed an imminent threat of "irreparable injury" if implemented. He claimed the petitioners had a solid prima facie case against the amendments. Solicitor General Tushar Mehta, representing the Union government, requested the court to limit the hearing to three specific issues, as identified by the previous bench on April 16. He noted that the petitioners' written submissions exceeded this scope. 'The court had confined the hearing to three issues. We submitted our response accordingly. However, the petitioners have now broadened the scope. My affidavit addresses only those three issues,' SG Mehta argued. In response, senior advocates Kapil Sibal and Dr. Abhishek Manu Singhvi opposed any narrowing of the hearing. Sibal contended that no such restriction was placed by the court in its earlier order, stating that the nature of the challenge required a comprehensive hearing. CJI Gavai remarked that the bench would proceed based on the court record and invited Sibal to begin his submissions. Opening his arguments, Sibal strongly criticized the 2025 amendments, stating that they were intended to "capture Waqfs" by granting government officers quasi-judicial powers. He objected to the provision that allows a government official to decide whether Waqf land is encroaching on state property a move he called unconstitutional. He further argued that the amendments nullified the principle of 'once a Waqf, always a Waqf.' Under earlier laws, non-registration of Waqf properties did not affect their validity, and only resulted in penalties for the caretaker (Muttawalli). But under the new law, non-registration could strip a property of its Waqf status entirely. The bench noted this submission, stating, "From 1913 to 2023, though registration of Waqf was mandated, no serious consequences followed except removal of the Muttawalli. The 2025 amendments depart from this framework." Sibal also highlighted challenges surrounding Waqf-by-user, noting that requiring identification of the original creator is problematic, particularly for centuries-old properties. If the creator's details are not provided, the Muttawalli now faces up to six months' imprisonment. Another contentious issue raised was the amendment's impact on religious structures declared as protected monuments under the AMASR Act. Sibal argued that the law invalidates Waqf declarations for such properties, violating fundamental rights under Articles 14, 25, and 26 of the Constitution. Citing the Delhi Jama Masjid as an example, he said the mosque continues to function as a Waqf despite being a protected monument. The hearing will continue on Wednesday, with further arguments expected from both sides.
The Hindu
15-05-2025
- Entertainment
- The Hindu
Review of Heart Lamp by Banu Mushtaq
That Banu Mushtaq's anthology Heart Lamp has been shortlisted for the International Booker Prize 2025 is encouraging not only for the author, and translator Deepa Bhasthi, but for Indian regional literature and translation, too. This is a first for a Kannada title. In 2022, Geetanjali Shree's Tomb of Sand, translated from the Hindi by Daisy Rockwell, won the coveted prize, while in 2023, Perumal Murugan's Pyre, translated from the Tamil by Aniruddhan Vasudevan, was longlisted. Mushtaq's 12 short stories selected from a vast oeuvre, traverse religion, patriarchy, oppression, gender inequality and violence, vividly capturing the everyday trials and tribulations of Muslim women in Karnataka and South India. But they are also universal; the stories and characters could be found anywhere in India or the world. Religious and social binds In the eponymous story 'Heart Lamp', Mehrun, a mother of three, decides to end her life after her husband acquires a second wife. She has endured enough and the 'lamp in Mehrun's heart had been extinguished a long time ago'. She decides to drench herself in kerosene and is ready to light a matchstick when her daughter Salma rushes to her mother with her baby sister and begs her not to make them orphans. Religion and societal structures are unjust to Muslim women; the author critiques and exposes the hypocrisy of men, including the Muttawalli Saheb (the local religious custodian). The inapt machismo and man's role of 'provider' is apparent from the opening story 'Stone Slabs for Shaista Mahal'. There are women who are strong and take matters into their own hands. In 'Black Cobras', a poor mother, Aashraf, turns to the Muttawalli for succour after her errant husband abandons her and their children for a younger wife, but to no avail. While Aashraf remains helpless, the women in the village, like cobras, spew venom on the Muttawalli. When he is walking home, a woman flings a stone towards him shouting, 'A dog, just a dog.' Another yells: 'Nothing good will come your way… may black cobras coil themselves around you.' When the Muttawalli reaches home, his wife delivers the coup de grace. Question of agency Faith and inhumanity form the crux of 'Red Lungi'. Razia, who has to manage 18 children during the summer vacations, decides the only way to ensure peace in the house is to have the boys circumcised. Even the poor families in the village are told to bring their sons for circumcision at a planned mass event. Strangely, the boys from poor families who were circumcised in the traditional, old-fashioned way, recover quickly, while those from Razia's family who were anaesthetised take a longer time. 'If there are people to help the rich, the poor have God,' grumbles Razia. Men are also prone to suffering; like Yusuf, who is torn between his widowed mother and a belligerent wife in 'A Decision of the Heart'. Yusuf decides to get his 50-year-old mother married to spite his wife. An amusing story 'The Arabic Teacher and Gobi Manchuri' talks about a young tutor who holds Arabic classes for girls with the aim of finding a suitable bride for himself, someone who must know how to make his favourite dish. He succeeds in finding his 'dream girl' but life after marriage is something else. The suffering of women and their lack of, or limited, agency coupled with the monotonous theme of the stories do make the reader feel dreary; equally, it engenders admiration for the author and her ability to write realistic stories, rendered with profound observations, feeling, irony and dry humour. The collection is rounded off with 'Be a Woman Once, Oh Lord', a fitting finale, questioning God, daring God. 'If you were to build the world again, to create males and females again, do not be like an inexperienced potter. Come to earth as a woman, Prabhu! Be a woman once, Oh Lord!' Nod to regional literature As a lawyer, activist and writer, Mushtaq founded her writing in the Bandaya Sahitya movement of the 1970s and 80s which started as a protest against the hegemony of upper caste and mostly male-led writing. The movement urged women, Dalits and other social and religious minorities to tell stories from within their own lived experiences, and in the Kannada they spoke. The stories in this collection were published originally in Kannada between 1990 and 2023. Translator Bhasthi has endeavored to retain the essence of the original text, transliterating certain words and deliberately not using italics for Kannada, Urdu or Arabic words that remain untranslated in English. I cannot end without highlighting what the Booker judges said about the book: '... At its heart, Heart Lamp returns us to the true, great pleasures of reading: solid storytelling, unforgettable characters, vivid dialogue, tensions simmering under the surface, and a surprise at each turn.' The reviewer is a Bengaluru-based independent journalist. Heart Lamp Banu Mushtaq, trs Deepa Bhasthi Penguin ₹399
