India’s most iconic monuments will not slip into the hands of religious trusts, at least not under the Waqf Amendment Act, 2025. The Supreme Court, stepping into the clash of heritage and faith, refused to halt Section 3D of the new law—a provision that makes it crystal clear: if a site is protected by the Archaeological Survey of India (ASI), it cannot be declared a waqf.
The disputed section spells it out in no uncertain terms. Any past or future declaration of waqf rights over a monument or protected area covered by either the 1904 Ancient Monuments Preservation Act or the 1958 AMASR Act stands void. The idea, according to the Union government, was to prevent a growing tussle where caretakers of declared waqf properties blocked ASI officials from carrying out conservation work.
The petitioners argued otherwise, warning that the amendment strips Muslim communities of the ability to practice faith-linked traditions at these sites. But the bench, led by Chief Justice BR Gavai with Justice AG Masih, wasn’t convinced.
The Court pointed to Section 5(6) of the AMASR Act, which already safeguards the right to continue customary religious practices even inside protected monuments. “The fallacy in the petitioners’ argument is obvious,” the bench remarked, noting there was no real risk of worship being extinguished by the amendment.
This ruling adds to a growing body of interim orders shaping the future of the 2025 Waqf Amendment Act. While some provisions have been temporarily frozen, the shield around ASI-protected monuments now stands firmly in place.
