By way of PTI
NEW DELHI: The Delhi Prime Court docket Thursday sought the stand of the Central govt and Central Waqf Council on a PIL in search of to claim that the Waqf Act is in violation of the Charter and that personal homes of electorate can simplest be ruled through a Uniform Civil Code.
A bench of Appearing Leader Justice Vipin Sanghi and Justice Navin Chawla issued realize at the petition through Devendra Nath Tripathi and granted time to the respondents to report their reaction.
The petitioner claimed within the petition that the Union of India does no longer have the legislative competence to make rules relating to ‘Waqf’ and non secular homes on the exclusion of Non-Muslim electorate of the rustic and a welfare State is duty-bound to offer equivalent social, financial, political and non secular freedom and alternatives to each citizen of India and rules like Waqf Act haven’t any position.
“The Waqf Act, 1995 is bigoted because the legislature does not have the desired competence to make such rules underneath access 10 or 28 of the Concurrent-list of seventh Agenda and subsequently the similar should be struck-down through this Hon’ble Court docket. A welfare state managing the non secular Waqf homes is an immediate violation of the scheme of the Charter and extra in particular Articles 14, 15 & 21 of the Charter, except for in breach of the Preamble,” the petition stated.
It additional stated that the control of Waqf homes is basically completed on non secular traces and the State isn’t accepted to keep an eye on the similar for one faith in exclusion of others.
“The Petitioner is difficult the validity of inter-alia Sections 4, 5, 6, 7, 8, 9, 14, and 16(a) of the Waqf Act. 1995, as those provisions grant particular standing to Waqf homes denying equivalent standing to different Non-Muslims and subsequently confer unbridled powers to Waqf Forums via Tribunals constituted underneath the Act,” the petition stated.
“Even in a different way the Waqf Act has no longer been ready to salvage the socio-economic stipulations of the vast majority of the Muslims in our nation, who’re anyhow, sunk into deep poverty. They’re employees, agricultural labourers, and peasants who are living in excessive poverty, and subsequently a UCC can simplest be a solution,” it added.
The petition additionally argued that the introduction of the Waqf Tribunal for non secular homes of Muslims is bigoted and the Parliament has no energy to create any Tribunal past the scope of its legislative powers.
The topic could be heard subsequent on July 28.