Kerala’s Munambam Flashpoint: Christians and Hindus Unite Against Waqf Board

The Waqf Amendment Bill 2024 is slated for discussion during the upcoming winter parliamentary session on November 25th. The central government is likely to push for its passage. Meanwhile, the Waqf boards across various states have claimed ownership of several properties nationwide, sparking disputes. One long-standing issue is the Munambam dispute in central Kerala, which has been ongoing for decades and intensified over the last two to three months.

Where exactly is Munambam?

Munambam, a suburb of Kochi, is renowned for its fishing harbor in Ernakulam and Thrissur districts. The disputed area comprises a 4-kilometer stretch of coastal land, primarily inhabited by fisherfolk, predominantly from the Christian and Hindu communities.

What is the dispute about?

To grasp the dispute’s roots, we must revisit 1902, when the King of Travancore leased approximately 406 acres to Abdul Sattar Moosa Haji Seth, a Gujarati businessman. It is said that the land inhabited by fisherfolk was excluded from the original lease.

Decades later, in 1948, Siddiq Seth inherited the land and registered it at the local sub-registrar’s office. While registering the land, he unlawfully incorporated the fisher families’ ancestral lands without their consent.

In 1950, Siddiq Seth donated the land to Farooq College for developmental activities, as Waqf, subject to the condition that the land would be returned or reverted to him if it was not utilized for college expansion. However, Farooq College neglected this land and eventually sold it to multiple buyers by 1990. Between 1989 and 2001, this land witnessed hundreds of transactions.

2008–2012

The then-Communist government in Kerala appointed a commission to look into the dispute, headed by Justice Nisar. The government accepted the commission’s report in 2010 and ordered further steps on the matter to be undertaken.

The interesting thing to note here is that the commission did not declare it as Waqf, but mentioned that it could be “claimed as Waqf”. It needs to be mentioned that Farooq College had not originally registered it as Waqf.

WAQF Amendment 1995 and 2013

The Congress governments, through amendments in 1995 and 2013, significantly empowered Waqf boards, granting them sweeping powers. Notably, the 2013 amendment stipulates that once a land is declared Waqf, it remains so perpetually.

Following these enhancements to the Waqf Act, the Waqf Board unilaterally registered the Munambam area as Waqf property in 2019 without conducting hearings.

2022–2024

The residents of the area had consistently paid land and property taxes on their lands over the years. Note that unpaid taxes hinder land transactions, as property sales, purchases, and mortgages typically require up-to-date tax payments.

However, in 2022, the Waqf Board claimed ownership and requested the government to cease accepting taxes. Consequently, the Revenue Department halted tax payments from residents, effectively freezing all land transactions, including sales, purchases, and mortgages.

What is the current status?

Over 600 affected families at Munambam have been facing a tough battle since 2022, and the Waqf Board’s extensive powers have left the state government with limited options to intervene. It’s a different matter that the state government has shown no interest in intervening. The only viable solution seems to be an amendment to the Waqf Act by the central government, with retrospective effect, which is exactly what the residents are hoping for.

What’s most disheartening is the deafening silence from both the ruling Communist Party and the main opposition Congress regarding the Munambam residents’ protests. To make matters worse, the Kerala Assembly unanimously passed a resolution recently opposing the central government’s proposed Waqf amendment, effectively adding salt to the wound of the Munambam residents.

Those affected belong to Christian and Hindu communities. The influential church has been at the forefront, supporting residents facing the risk of eviction.

Notably, the BJP is the only political party openly backing the Munambam agitators. Recently, Central Minister Suresh Gopi, who is also the first BJP MP from Kerala, visited the area to reassure residents that they won’t be evicted and that the issue will be resolved to their satisfaction.

Other Waqf Claims in Kerala

A couple of days ago, the Waqf Board staked a claim to over 600 acres of land in Taliparamba town, Kannur district. Additionally, similar claims have emerged in Thalassery, Wayanad, and other districts of Kerala.

Specifically, in Wayanad, notices have been sent to V P Salim, C V Hamza, Jamal, Rahmat, and Ravi, accusing them of encroaching on 4.7 acres out of the 5.77 acres of property allegedly belonging to the Waqf Board.

All eyes are now on the Parliament winter session and the central government.