B R Ambedkar's Warnings on Minority Rights
On December 2, 1948, B R Ambedkar emphasized the importance of considering the sentiments of different communities when exercising government power. He warned against provoking the Muslim community into rebellion, labeling such actions as madness.
Ambedkar highlighted on November 4, 1948, the significance of safeguarding minority rights, arguing that minorities are a powerful force that can destabilize the state if mistreated. He reminded that the European history is full of testimony to this fact and emphasized that minorities in India have entrusted their existence to the majority.
Views of Sardar Patel
On May 25, 1949, Sardar Patel urged the minority community to trust the majority's sense of fairness. He emphasized the responsibility of the majority to empathize with minority feelings and consider their treatment.
Waqf (Amendment) Act, 2025
- This legislation challenges the Fundamental Rights outlined in Articles 25 and 26 of the Constitution.
- Article 25 protects freedom of religion, including expression and propagation.
- Article 26 ensures religious groups can manage their affairs and property, subject to public order, health, and morality.
Supreme Court's Role
- In the Shirur Mutt case (1954), the Supreme Court ruled similar provisions in another act unconstitutional, reinforcing the protection of religious freedom.
- In Ratilal Panachand Gandhi vs The State Of Bombay (1954), certain provisions of the Bombay Public Trust Act were declared unconstitutional, affirming the judiciary's role in protecting religious beliefs and practices.
Impact of the Waqf (Amendment) Act, 2025
The Act has several provisions that contradict Articles 25 and 26, including eliminating "waqf by user" recognition. It imposes stringent conditions for the registration of historical waqfs.
- The Supreme Court in the Ram Janmabhoomi-Babri Masjid Case (2020) acknowledged "waqf by user" without needing an explicit deed of dedication, aligning with established jurisprudence.
The legislation is seen as majoritarian, overlooking constitutional principles and the sentiments of over 150 million citizens.
