The Centre submitted that the law was not violative of the fundamental rights guaranteed under the Constitution. “The amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution,” it said.Vehemently opposing the batch of pleas, which challenged the constitutionality of the Waqf Amendment Act, the Centre said that taking away the statutory protection to a Waqf-by-user does not deprive a person of the Muslim community to create a Waqf.”Deliberate, purposeful and intentionally misleading narrative, is built verymischievously, giving an impression that those Waqfs (including ‘Waqf-by-user’) which do not have a document to support their claims will be affected. This is not only untrue and false but purposefully and deliberately misleading this court,” the Union, in its affidavit, said.The Centre also asserted that the changes will not make Muslims a minority in the Central Waqf Council and Waqf Boards. “The maximum possible number of non-Muslims in the Central Council is four out of 22 members and in the Boards is three out of 11 members, assuming the ex-officio members are also non-muslims,” the reply stated.The Centre added that managing the large number of waqf properties across the country, which include land, buildings, and financial assets dedicated to charitable and religious causes, involves significant secular activities. “Maintaining accurate records, preventing misappropriation, resolving disputes, and ensuring that the income is used for the intended charitable purposes, such as education, healthcare, and assistance to the needy. Further, such properties often deal with the rights of people of other communities and their claims to such properties. The regulation of such properties, therefore, may have a public order aspect as well,” the Union of India added.The batch of petitions had challenged the Waqf Amendment Act by submitting that it was discriminatory towards the Muslim community and violated their fundamental rights.
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