New Delhi, Apr 18 (PTI) The Waqf Act-2025 violates equality, personal autonomy, federalism, and the idea on which the nation is built, Trinamool Congress leader Derek O’Brien said on Friday.

In a blog post, the Trinamool Congress leader said the issue is not just about land or law, but about dignity and asserted that if the rights can be rewritten for one, it can be rewritten for all.

“The Waqf Amendment Bill is not just about land or law. It is about dignity,” O’Brien said in the blog titled “Am I Indian Enough”, adding that for millions of Indians, especially those from minority and marginalised communities, this is not a rhetorical question but a lived reality.

“It is a quiet burden. It is a deep suspicion cast on their belonging. Their being. Every legislation. Every policy,” he said.

“The Waqf Amendment Bill is not merely a legislative proposal. It is a mirror. And what we see in it should disturb all of us – whether Hindu, Muslim, Christian, Sikh, any religion or none. Because if rights can be rewritten for one, they can be rewritten for all,” he said.

“This Bill violates equality. It violates personal autonomy. It violates federalism. And, more than anything, it violates the idea that our great nation is built on… The Constitution does not ask how much we belong. It guarantees that we do,” he said.

The TMC Rajya Sabha parliamentary party leader called the Act an attack on federalism.

“Land is a State Subject under List II of the Seventh Schedule of the Constitution. Tomorrow, what stops the Union Government from taking over Hindu temple boards? Or church-managed lands? This isn’t about reform. This is about control. And such overreach is a direct assault on Indian federalism,” he said.

The TMC leader pointed out certain provisions in the Act, including the “five-year criteria”, which says one can dedicate land to Waqf only if they have been practising Muslims for at least five years.

“This is not only arbitrary but also deeply discriminatory. No such restriction exists for other religious endowments (Violation of Right to Equality). A Hindu, Christian, or Sikh can donate property to their religious institutions at any time. Why and how should Muslims alone prove the longevity of their faith before making a charitable endowment?” he said.

O’Brien called the removal of “Waqf by user”, a concept that allows property that has been used for religious or charitable purposes for a long time to be considered Waqf even without formal documentation, a serious issue.

“By stripping Muslim institutions of this same recognition, the government is creating a legal hierarchy among religious communities. This is a clear violation of Article 14 of the Constitution, which guarantees equality before the law,” he said.

He questioned if legislations are being framed for the greater good or for “cynical pigeonholing”.

“All this is not just about land or law. It is about dignity. About whether our Constitution still holds meaning for all of us or only for some of us,” he said.

He also raised concerns about non-muslims being allowed in the Waqf panels, and centralisation of power by assigning power to a government official to declare if a property is Waqf or not.

In response to a batch of petitions, the Supreme Court on Thursday barred the de-notification of Waqf lands and ordered a status quo on assets and appointments until the hearing scheduled for May 5.

A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan also recorded the assurance of Solicitor General Tushar Mehta, representing the Centre, that no appointments in the central Waqf council and boards will be made in the meantime. PTI AO RHL