AIMPLB warns of protests, legal battle over Waqf Amendment Bill
Bengaluru: The All India Muslim Personal Law Board (AIMPLB) on Monday addressed a press conference following the conclusion of its national convention in Bengaluru. The Board raised concerns over several pressing national and international issues, including the Waqf Amendment Bill, the Uniform Civil Code (UCC), and recent controversies surrounding places of worship in the country. The Board also spoke about the ongoing conflict in Gaza, terming it a "genocide."
Syed Qasim Rasool Ilyas, spokesperson for the AIMPLB, strongly opposed the proposed Waqf Amendment Bill, warning the government of protests and legal challenges if the bill is passed without thorough consultation with all stakeholders.
"Waqf properties are donated specifically for the benefit of the Muslim community and for charitable purposes. These properties cannot and should not be altered or interfered with by the government," he said. Ilyas emphasized the historical and legal sanctity of Waqf properties, stating that any changes to the law without proper discussion would be unacceptable to the community.
The Uniform Civil Code (UCC) was another critical issue discussed during the convention. Ilyas reiterated the Board's long-standing opposition to the UCC, stating that it threatens the pluralistic nature of Indian society.
"The UCC will disrupt the very fabric of this country. India thrives on its diversity, and a uniform code disregards this essential characteristic," he said. He explained that the Indian legal framework already accommodates individuals who choose not to follow their personal laws.
Ilyas also criticized the UCC implemented by the Uttarakhand government, calling it unconstitutional. "How can it be called a 'Uniform Civil Code' when it is applied only in one state?" he questioned. The AIMPLB plans to challenge the Uttarakhand UCC in the Nainital High Court through a Public Interest Litigation (PIL) soon.
The Board also addressed growing tensions surrounding places of worship, particularly the rising claims that some mosques were originally temples. Ilyas pointed out that such disputes are in violation of the Places of Worship Act, 1992, which mandates that the status of religious sites shall remain as they were in 1947.
"The Supreme Court, in its verdict on the Babri Masjid case, clearly stated that no further disputes of this nature should arise. Yet, we see new cases being brought up regularly," he said.
Citing a recent incident in Sambhal, Uttar Pradesh, where police action against protesters left two dead, Ilyas condemned the violence. "This incident was tragic and could have been avoided. It is deeply condemnable," he added.
The AIMPLB also expressed solidarity with the people of Palestine, highlighting the ongoing crisis in Gaza. Ilyas termed the situation a "genocide," pointing to the reported deaths of over 45,000 people in the last year.
"This is not a war; it is a genocide. The international community must take urgent steps to address the issue," he said. The Board called for a two-state solution as a pathway to peace and justice in the region.
The press conference was attended by several senior AIMPLB officials, including the Board’s president, Maulana Khalid Saifullah Rahmani. The officials emphasized the need for unity among stakeholders and the Muslim community to address the challenges highlighted during the convention.
The AIMPLB pledged to continue its advocacy through protests, legal actions, and public engagement to safeguard the rights of the community and uphold the constitutional values of the country.
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SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
