THE ongoing challenges faced by Indian Muslims extend beyond the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025, the legislation that replaces the Waqf Act of 1955. Central to their fight is the urgent need to uphold their right to live with dignity and to safeguard their religious, cultural, and customary practices.
This legislation conveys a strong message that Muslims should not anticipate the assurance of minimum basic human rights under the current system. The worries regarding the possible loss of Waqf assets are reasonable, especially considering historical patterns of state oppression against Muslims, which include the violation of religious sites, targeted attacks on places of worship like dargahs, and persistent interruptions to their cultural and religious observances, even during the holy month of Ramadan. This situation is further complicated by ongoing interference and hostility from state entities associated with the Sangh Parivar, which fosters an atmosphere of distrust and fear within the Muslim community.
Renowned Italian jurist Paulo Sandro has stated that constitutionality and legality run parallel to one another. Therefore, if a law enacted by Parliament is found to be in contradiction with established legal norms, it inevitably fails the test of constitutionality. It is incumbent upon parliamentarians to closely monitor the legislative process.
