Supreme Court’s Crucial Decision
On 15 September 2025, the Supreme Court of India delivered a significant ruling on the controversial Waqf (Amendment) Act, 2025. The Court, while examining multiple challenges to the Act, refused to stay Section 3D, which bars the declaration of ASI-protected monuments and protected areas as waqf properties. This judgment came in response to petitions arguing that the provision restricted religious rights.
The case was heard by a bench led by Justices Sanjiv Khanna and Dipankar Datta, who stressed that preservation of national monuments and heritage sites must remain a priority while simultaneously protecting customary religious practices.
What Does Section 3D Say?
Section 3D states that any declaration or notification of a waqf property will be considered null and void if, at the time of such declaration, the property was already designated as a protected monument or area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).
This ensures that heritage structures under ASI’s protection remain outside the control of waqf boards, addressing a long-standing conflict between waqf claims and heritage conservation laws.
Petitioners’ Arguments
The petitioners, including minority organizations, argued that:
- The provision curtails the ability of communities to declare religious structures as waqf properties.
- It interferes with customary religious practices historically carried out in heritage monuments.
- It undermines minority rights under Articles 25 and 26 of the Constitution by limiting management control over places of worship that overlap with ASI-protected monuments.
- Several monuments such as mosques and dargahs already functioning as places of worship could face ambiguity about their waqf status.
Government’s Defence
The Union government opposed the plea for a stay, highlighting:
- Instances where mutawallis (waqf caretakers) prevented the Archaeological Survey of India (ASI) from carrying out preservation and restoration work on monuments.
- That religious practices were not barred by Section 3D, as the AMASR Act, 1958, Section 5(6) explicitly allows customary worship in protected monuments.
- The provision balances heritage conservation with religious freedom, ensuring monuments are preserved for future generations without undermining faith-based practices.
The Solicitor General argued that heritage conservation is a sovereign responsibility and cannot be compromised by competing claims of ownership.
Court’s Reasoning
The Supreme Court noted that:
- Section 3D does not prevent worship or religious practice in protected monuments; it only prevents such sites from being formally declared as waqfs.
- Since religious rights remain intact under AMASR, no manifest injustice was being caused by the provision.
- The Court also stressed that the waqf system and ASI’s conservation responsibilities operate in different legal domains—one based on religious endowment, the other on cultural preservation.
- Hence, there was no ground to stay the operation of Section 3D at this stage.
Broader Context of the Waqf Amendment Act 2025
The Waqf (Amendment) Act, 2025 introduced several contentious provisions:
- Removal of the concept of “waqf by user.”
- Tightened registration norms for new waqfs.
- Empowering district collectors in dispute resolution.
- A five-year “Islam practice” clause for declaring waqfs (which the Court has separately stayed).
While some provisions have been stayed, Section 3D remains valid, reinforcing ASI’s authority over protected monuments.
Implications of the Ruling
- Heritage Conservation Priority: ASI can continue restoration and protection work without interference from waqf claims.
- Customary Worship Unaffected: Communities can still practice rituals in monuments as per AMASR rules.
- Minority Rights Concerns: Some religious groups fear this could reduce their influence over historical places of worship.
- Future Litigation: Disputes may arise over monuments already declared waqf properties before 2025, raising questions about retrospective application.
Voices from the Courtroom and Beyond
- Justice Khanna (observing): “Heritage belongs to the nation. While faith must be protected, monuments cannot be subjected to ownership disputes that compromise their preservation.”
- A petitioner’s counsel: “This provision indirectly restricts community rights to declare historic religious places as waqfs, which has been a centuries-old practice.”
- Union Government’s stand: “Religious freedom continues unhindered. The amendment only ensures that national monuments remain free from conflicting ownership claims.”
The Supreme Court’s refusal to stay Section 3D of the Waqf Amendment Act 2025 underscores a delicate balance between heritage conservation and religious rights. While it protects monuments of historical importance from legal disputes over ownership, it leaves the door open for continued religious practices, ensuring that culture, faith, and history coexist under the law. The ruling is expected to shape future debates around the intersection of faith and heritage preservation in India.
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Author: Team BTP
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