Why Should A Secular Government Control Places Of Worship Of Just One Community?
India: SC Asks Centre to Reconsider Waqf Act; SC Seeks to Know, Why Should A Secular Government Control Religious Places of a Community?
The Supreme Court on Thursday asked the Centre to reconsider the Waqf Act, 1954 which deals with the regulation of endowments made for religious purposes by Muslims. A bench of Justices K.M. Joseph and BV Nagarathna sought to know why a secular government should control places of worship of just one community.
What is the Waqf Act?
The Waqf Act, 1954 is a legislation that deals with the regulation of endowments made for religious purposes by Muslims. It defines a waqf as "the permanent dedication by a person of any property for any purpose recognised by Muslim law as pious, religious or charitable". The Act provides for the establishment of a Central Waqf Council and State Waqf Boards to administer and manage waqf properties.
Why is the Waqf Act being challenged?
The Waqf Act has been challenged on several grounds, including the following:
*- It violates the principle of secularism enshrined in the Indian Constitution.
- It gives the government excessive control over religious properties of Muslims.
- It is discriminatory because it only applies to properties endowed by Muslims.
What did the Supreme Court say?
The Supreme Court bench headed by Justice K.M. Joseph questioned the Centre on why a secular government should control the places of worship of just one community. The court also observed that the government should be neutral towards all communities and there should not be any discrimination on the basis of religion.
The court directed the Centre to reconsider the Waqf Act, 1954 and file an affidavit within four weeks explaining the reasons for continuing with the legislation. The court also sought suggestions from the Centre on how the Act could be made more inclusive and in line with the principles of secularism.
What is the future of the Waqf Act?
It is unclear what the future of the Waqf Act is. The Supreme Court has asked the Centre to reconsider the legislation and file an affidavit within four weeks. It is possible that the court may strike down the Act or order its amendment to make it more inclusive and in line with the principles of secularism.
Conclusion
The Supreme Court's observation that a secular government should not control the places of worship of just one community is a significant development. It is a reminder that the government must be neutral towards all religions and there should not be any discrimination on the basis of religion. The court's order is likely to have a major impact on the future of the Waqf Act, 1954.
