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‘In Hinduism, there’s moksha’: CJI BR Gavai’s reply to Kapil Sibal on ‘waqf is charity to God’
The Waqf (Amendment) Act, 2025 was officially notified by the Centre last month, following President Droupadi Murmu’s assent to the legislation on April 5.
The Supreme Court on Thursday reserved its verdict in the challenge to the Waqf (Amendment) Act, 2025, after three days of arguments marked by religious, philosophical, and constitutional exchanges.
During the hearing, Chief Justice BR Gavai remarked, “In Hindus, there’s a concept of moksha,” responding to senior advocate Kapil Sibal’s submission that “waqf is a dedication to God for afterlife. Unlike other religions, waqf is a charity to God...”
Justice Augustine George Masih also weighed in, saying Christianity has similar spiritual ideals, saying, “We all try to get to heaven.”
The remarks came as the petitioners contested the Centre’s position that waqf is not an essential feature of Islam, but merely a form of charity, an argument put forward by solicitor general Tushar Mehta.
“Charity is integral to all religions… Hindus have daan, Christians and Sikhs have similar traditions,” Mehta said on Wednesday.
Countering this, senior advocate Rajeev Dhavan argued that even within Hinduism, temples are not essential, citing Vedic traditions that emphasise worship of natural elements.
Sibal also objected to provisions allowing non-Muslim representation on waqf boards, contrasting it with the management of Hindu religious institutions. “Even one non-Muslim on a waqf board is enough,” he said.
SC says verdict on Waqf Act reserved, to be delivered on Friday
The bench, comprising Chief Justice Gavai and Justice Masih, concluded the hearing and said that the order would be delivered on Friday.
On April 25, the Union ministry of minority affairs submitted a comprehensive preliminary affidavit spanning 1,332 pages in defence of the Waqf (Amendment) Act, 2025.
The Centre urged the Supreme Court not to impose any “blanket stay” on the implementation of the legislation, asserting that it is a “law having presumption of constitutionality passed by Parliament.”
The Waqf (Amendment) Act, 2025 was officially notified by the central government last month, following President Droupadi Murmu’s assent to the legislation on April 5.
The bill saw a sharply divided vote in both Houses of Parliament. In the Lok Sabha, 288 members voted in favour of the bill, while 232 opposed it. In the Rajya Sabha, 128 members supported the legislation, with 95 voting against it.
With PTI inputs
