The petitioner argued that the management of Waqf properties are essentially done on religious lines, and therefore, the State is not permitted to regulate the same for one religion alone.
There is no state duty or public purpose in removing encroachment from Waqf properties by a public servant being paid from the State exchequer, the plea argued.
“The purpose and object of the Waqf Act is for the religious minded and pious people, with a view to spiritual advancement, set apart some portion of their property for the purpose of its being utilised for the benefit of mankind. The idea in creating an Act for private property must apply on all the Citizens of India including Non-Muslims, for example the Uniform Civil Code (UCC for short).”
The plea added that the Waqf Act has not been able to salvage the socio-economic conditions of the overwhelming majority of Muslims who are sunk into deep poverty. Therefore, only a Uniform Civil Code is the answer.
“Muslim personal laws anyways can-not over-ride the Constitutional values and basic structure and basic features of Secularism, Equality and its only by use of UCC that we can achieve the values of Fraternity.”
Source: Barandbench
