Lakshadweep MP Challenges Waqf Amendment Act 2025 in Supreme Court, Cites Violation of Tribal Muslims’ Rights
New Delhi: Mohammad Hamdullah Sayeed, Member of Parliament from Lakshadweep and a leader of the Indian National Congress, has filed a writ petition in the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
The key focus of the challenge is Section 3E, a new provision inserted into the Waqf Act, 1995 through the latest amendment. This section prohibits the creation of Waqf properties in tribal areas governed by the Fifth and Sixth Schedules of the Indian Constitution.
Sayeed, who belongs to a Scheduled Tribe (ST) and is a practising Muslim, argues that the provision forces individuals like him to choose between their tribal identity and religious obligations—a choice he contends is unconstitutional.
Violation of Fundamental Rights Alleged
The petition contends that the provision violates:
- Article 14 – Right to Equality
- Articles 25 & 26 – Freedom of Religion
- Article 300A – Right to Property
“The impugned provision, though framed to protect tribal land, imposes an unreasonable and disproportionate restriction on the religious rights of Muslim members of Scheduled Tribes,” the petition states.
It further argues that less restrictive alternatives could have achieved the government’s goals without infringing upon core religious practices, such as the establishment of Waqf for charitable and religious purposes.
Religious Identity vs Tribal Identity
The petition highlights that several tribal communities across India, such as the Bakkarwals in Jammu and Kashmir and the Nat community in North India, include members who follow Islam. These individuals, Sayeed asserts, are being arbitrarily denied the ability to perform religious duties under Waqf law—something non-tribal Muslims are freely allowed to do.
“The law unfairly compels Scheduled Tribe Muslims to choose between their tribal and religious identity,” it adds.
Not the First Legal Challenge
Sayeed’s petition follows a similar plea filed by Sheikh Noorul Hassan, a Member of the Manipur Legislative Assembly, who also challenged the same section on constitutional grounds.
The petition has been filed through Advocate-on-Record Anas Tanwir.
🔖 Tags:
Waqf Amendment Act 2025, Scheduled Tribes Rights, Supreme Court Petitions, Religious Freedom in India, Tribal Muslim Representation
