Unabated Power to Waqf Board May Lead to Corruption and Usurpation of Non-Muslim Rights: The Kerala Case
The Munambam land dispute in Kerala, involving 404 acres, claimed by the Kerala State Waqf Board, has reignited national debate on the unchecked powers of Waqf Boards in India. The controversy highlights critical questions about governance, accountability, and the rights of non-Muslim communities in a pluralistic society. As Parliament deliberates on the Waqf (Amendment) Bill, 2024, this case provides a compelling lens to examine the broader implications of granting extensive powers to Waqf Boards through Waqf Act.
Located in the Ernakulam district’s Munambam region, the disputed land stretches across the villages of Kuzhuppilly and Pallipuram on Vypin Island. Historically home to traditional fishing communities, this land has been occupied for generations by over 600 families, predominantly Christians from the Latin Catholic community, along with a smaller number of backward Hindu families. The origins of the dispute, date back to 1902 when the Travancore royal family leased the land to a trader, Abdul Sathar Moosa Sait. In 1950, Sait’s successor executed a Waqf deed transferring the land to the management of Farook College, an institution established to empower Kerala’s Muslim community. The land’s status as Waqf property came under scrutiny only decades later, following complaints about mismanagement and unauthorized sales by the college management. In the 1960s, Farook College attempted to evict the land’s residents, leading to legal disputes. Ultimately, an out-of- court settlement allowed the residents to purchase the land at market rates. However, the sale deeds made no reference to the property’s Waqf status, a point that would later become contentious. In 2008, amid growing concerns about Waqf property mismanagement, Kerala’s Left Government established the Nissar Commission. The commission identified the Munambam land as Waqf -property and criticized the college management for selling it without the board’s consent. In 2019, the Waqf Board invoked Sections 40 and 41 of the Waqf Act, 1995, to suomotu declare the land Waqf property, revoking the residents’ ownership rights and directing the Revenue Department to stop collecting land taxes from them. The state Government overruled the Waqf Board’s directive in 2022, but the matter remains mired in legal battles, with over a dozen appeals pending in the Kerala High Court. Meanwhile, residents face uncertainty, unable to obtain loans or mortgages without valid land tax receipts. The Munambam dispute has become a focal point in Kerala’s by-elections. The opposition has framed the issue as an example of Waqf overreach, resonating with the concerns of the state’s Christian community. Leaders have warned. against potential Waqf claims over Christian and Hindu religious sites
such as the Velankanni shrine and the Sabarimala temple, emphasizing the need to curb the board’s powers through legislative reform. The opposition’s campaign has drawn support from Christian organizations, including the Kerala Catholic Bishops Council, which has vocally opposed the eviction of Munambam residents. The dispute has also polarized Kerala’s political landscape, with the Left Democratic Front (LDF) and the United Democratic Front (UDF) uniting in the state Assembly to pass a resolution against the Waqf (Amendment) Bill, 2024.
The Munambam case underscores the challenges posed by the extensive powers granted to Waqf Boards under the existing legal framework. The boards can unilaterally declare land as Waqf property, often without adequate transparency or consultation with affected parties. This creates a significant risk of corruption and misuse of authority, as evidenced by allegations against Waqf officials in various states. Critics argue that the lack of checks and balances allows boards to pursue claims without proper regard for the rights of non-Muslim residents or institutions. In Munambam, residents who have lived on the land for generations now face the prospect of eviction despite having purchased it in good faith. The situation also raises questions about the interpretation of Waqf law. While Waqf property is meant to serve charitable and religious purposes, the Munambam case demonstrates how its misuse can lead to prolonged legal disputes and social tensions. The Munambam dispute highlights the need for a balanced approach to managing Waqf properties in a diverse society. Protecting the interests of Muslim communities is essential, but it should not come at the expense of other religious or marginalized groups. Ensuring transparency, accountability, and due process in Waqf Board decisions is crucial to maintaining social harmony and upholding constitutional values. Proposed amendments to the Waqf Act aim to address some of these concerns by tightening regulations and increasing Government oversight. However, the challenge lies in implementing these reforms without undermining the autonomy of Waqf Boards, which play a vital role in managing community assets.
At the National level, the Munambam case underscores the urgency of reforming Waqf governance. Strengthening oversight mechanisms, enhancing transparency, and ensuring a fair adjudication process can help prevent similar disputes in the future. The Munambam land dispute is more than a local controversy; it is a microcosm of the broader challenges posed by unchecked Waqf powers in India. Addressing these issues requires a thoughtful balance between protecting community assets and safeguarding the rights of all citizens. As Kerala grapples with this complex issue, it offers valuable lessons for fostering equitable and inclusive governance in a multicultural society.
Mohd. Saleem, PhD
JamiaMillialslamia
