Mohammad Hamdullah Sayeed, Member of Parliament from Lakshadweep and a leader of the Indian National Congress, has approached the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

The petition specifically targets Section 3E, inserted into the Waqf Act, 1995, through the recent amendment. This provision prohibits the creation of Waqf over properties located in tribal areas governed by the Fifth and Sixth Schedules of the Constitution.

Sayeed, who belongs to a Scheduled Tribe under the Fifth Schedule, argues that the provision compels individuals like him—who identify as both tribal and Muslim—to make an unfair choice between their religious and tribal identities. He contends that this restriction violates fundamental rights under Articles 14 (right to equality), 25 and 26 (freedom of religion), and 300A (right to property) of the Constitution.

"The Impugned Provision, though ostensibly enacted to safeguard tribal land, imposes an unreasonable and disproportionate restriction on the fundamental rights of Muslim members of Scheduled Tribes," the plea states. It further argues that the provision is not narrowly tailored to meet a legitimate state interest and that less restrictive alternatives could have been employed without undermining essential religious practices.

Citing examples, the petition notes that tribes such as the Bakkarwals in Jammu and Kashmir and the Nat community in North India, as well as communities within Sixth Schedule areas, include Muslims who would be directly impacted by the restriction.

Sayeed asserts that Section 3E discriminates against Muslim members of Scheduled Tribes by arbitrarily denying them the ability to create Waqf—a practice permitted for non-tribal Muslims—thus infringing Article 14. The restriction, he adds, also curtails their right to use property for religious and charitable purposes in accordance with their faith.

This is not the first legal challenge to the provision. Earlier, Manipur MLA Sheikh Noorul Hassan also filed a petition in the Supreme Court, raising similar concerns regarding the impact of Section 3E on the rights of Scheduled Tribe members practising Islam.

The present petition has been filed through Advocate-on-Record Anas Tanwir.