Daya Singh, a practicing Sikh and the President of Gurdwara Singh Sabha in Gurgaon, has taken legal action against the Waqf (Amendment) Act 2025 by filing a writ petition in the Supreme Court. He claims that the amendment is unconstitutional and undermines the secular ethos of India as guaranteed by the Constitution.

Singh, who advocates for interfaith harmony and charitable efforts across communities, contends that the amendments infringe upon the fundamental rights of non-Muslims, specifically their right to make charitable endowments. The amendment prevents non-Muslims from dedicating properties as Waqfs, a practice that Singh argues is in line with Sikh values and protected by the Constitution.

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The petitioner asserts that the amendment introduces an unjustifiable religious classification, which lacks any rational basis related to the objectives it seeks to fulfill. He argues that the Act restricts the autonomy of non-Muslims over their properties and impedes their freedom of conscience and religious expression. In his view, the State cannot prevent charitable or devotional acts based on an individual's religious identity, especially when the individuals act voluntarily.

"The Act introduces an unreasonable classification based solely on religion, and its exclusion of non-Muslims from making endowments to the Waqf is a direct violation of their constitutional rights," Singh contended. "The State, under the guise of regulating religious endowments, cannot prohibit acts of charity and devotion merely because of someone's religion."

Additionally, Singh claimed that the Amendment was "manifestly arbitrary" and contradicts the secular nature of the Constitution. He further argued that the amendment discriminates against the Muslim community by imposing stricter regulations on the management of Muslim endowments. In contrast, religious trusts belonging to Hindus and Sikhs enjoy greater autonomy in their legal status. Singh maintains that the increased government oversight on Waqf affairs is unjustifiable and discriminatory, violating Article 14 of the Constitution, which guarantees equality before the law.

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Furthermore, Singh raised concerns related to other provisions of the Act, such as the exclusion of ‘waqf-by-user’, the requirement of a five-year practice of Islam to create Waqfs, and the exclusion of non-Muslims from Waqf Boards.

The petition has been filed through Advocate-on-Record Shwetank Sailakwal. A bench consisting of Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan will hear the case at 2 PM today.

The case, titled Daya Singh v. Union of India (W.P.(C) No. 337/2025), is being closely followed for its potential implications on religious freedoms and the constitutional principle of secularism in India.