Kerala Waqf Board’s claim over land and Munambam residents’ fight for home

Munambam residents have been on a relay hunger strike for over 20 days over a complex land dispute with the Kerala Waqf Board.

Published Nov 05, 2024 | 9:00 AMUpdated Nov 05, 2024 | 9:00 AM

Kerala Waqf Board’s claim over land and Munambam residents’ fight for home

In the coastal village of Munambam — a Kochi suburb — a complex land dispute has left around 610 families caught in a web of legal challenges and political manoeuvering.

The heart of the conflict lies in the Kerala Waqf Board’s claim that a substantial portion of land — 404.76 acres — was designated as Waqf property in 1950.

If upheld, this claim could render hundreds of families, who have inhabited the land for generations, homeless with no legal right over what they have long considered theirs.

Revelation of the Waqf Board’s claim in 2019 ignited widespread protests from the residents of Pallipuram Grama Panchayat’s Munambam Kadappuram ward and Beach ward.

The residents’ struggle for what they have considered their home for long has become a relay hunger strike, which entered the 23rd day on Monday, 4 November.

Also Read: Bypolls to Palakkad Assembly Constituency, 13 others postponed to 20 November

Genesis of the land dispute

The origins of the dispute can be traced back to the charitable donation made by Siddique Sait in 1950. A local philanthropist and affluent Muslim trader, his intent was to benefit Kozhikode’s Farook College through a Waqf.

Waqf, under the Islamic law, involves dedicating property for purposes acknowledged under Muslim law as pious, religious, or charitable. While the Waqf property itself cannot be sold or transferred, the income generated is to be used for community’s welfare as endorsed under the law.

Munambam residents fight for home agaisnt Waqf Board

A portion of Munambam land under dispute

The Kerala Waqf Board claims that Siddique’s donation renders the land Waqf property.

For decades, the claim lay dormant as mostly non-Muslim residents bought and constructed homes, and businesses, something that their livelihoods still depend on.

Many families have held property deeds and consistently paid land taxes for decades—until 2019, when the Waqf Board publicly asserted its ownership.

The announcement caused immediate turmoil, leaving residents unable to pay taxes since 2022, as local authorities suspended tax collection amidst ongoing legal disputes.

Also Read: Karnataka BJP launches state-wide protest over Waqf Board’s notices to farmers

Legal battles and residents’ protest

Following the Waqf Board’s revelation, residents launched legal battles and asserted that their property deeds should shield them from any retroactive claims. Protests erupted over what residents perceived to be an unjust attempt to deprive them of their homes.

The petitioners are those who purchased land from Kozhikode’s Farook College managing committee but now face eviction threats from the Waqf Board. Over years, protests grew stronger with local groups organising rallies and providing legal aid to contest Waqf Board’s claim.

“We have built lives here over generations,” Jospeh Benny Kuruppassery, coordinator of the Munambam Land Protection Committee told South First.

Munambam residents protest against Waqf Board

Munambam residents protest

He lamented that financial institutions had stopped accepting property deeds from disputed areas, leaving families without access to emergency funds.

Residents argue that Section 14 of the Waqf Act, which allows the board to declare properties as Waqf, is unconstitutional.

They claim that civil courts and not the Waqf Board, should adjudicate property disputes, pointing out that the law unfairly privileges a single religious community.

As the protests attracted Kerala High Court’s attention, it directed both state and Union governments to respond to the residents’ challenging the provisions of Waqf Act.

Meanwhile, the state government has taken no definitive stance, citing the legal complexities involved.

Local government bodies, in turn, have suspended tax collection for these lands, effectively placing them in a bureaucratic limbo until a final legal determination is made.

How Kerala bypolls fit in

The Munambam land dispute has become a pivotal issue with bypolls to two Assembly Constituencies and one Lok Sabha Constituency around the corner. Even though Ernakulam isn’t going to bypolls, leaders across political parties have been eagerly siding with protesters, seizing the moment to amplify residents’ grievances.

BJP has shown particular engagement with Union Minister Suresh Gopi recently visiting the protest site to express solidarity. The ruling CPI(M) and the Congress have also pledged to address the concerns of affected families and “rectify injustices”.

Political parties have flocked to the protest site, using it as a campaign venue to highlight the grievances of the 610 families protesting against the Kerala Waqf Board’s claim on their land.

Leaders have seized the issue as a rallying point, amplifying it in election narratives to gain support by showcasing solidarity with the affected families.

Staring at uncertainty

The legal proceedings related to the land dispute has left many families grappling with financial insecurity and the constant fear of eviction.

Jospeh Benny Kuruppassery, coordinator of the Munambam Land Protection Committee told South First, “Many lives got upended as local financial institutions stopped accepting property deeds from disputed areas as collateral, citing legal uncertainties. No one here could secure emergency funds by pledging their property and this affects their health and educational needs.”

Lamenting about Munambam residents being forced into a state of distress, he said this compounds the challenges faced by many in this already vulnerable fishing community.

Also Read: How the Waqf Board accumulated vast properties over time

Kerala government’s intervention

On 4 November, Law minister P Rajeev announced that the government was actively working towards resolving the contentious land dispute.

He noted that a high-level meeting is expected to take place on 16 November, aiming to achieve a legally sound solution.

“The Revenue Department had previously permitted residents to pay taxes despite the Waqf law controversy, though a stay was imposed by court later. The Chief Minister plans to convene a high-level meeting shortly to seek a resolution,” he said.

The minister emphasised the importance of preventing communal tensions, underscoring that both the government and religious leaders are committed to finding a lasting, legally sound solution.

Meanwhile, Leader of the Opposition VD Satheesan urged the chief minister to convene an all-party meeting to address the crisis affecting over 600 families.

Satheesan criticised the Waqf Board’s legal attempts to reclaim 404 acres, noting that no Muslim religious group has identified the Munambam land as Waqf property.

He demanded that the land be granted unconditionally to residents of Munambam, cautioning that communal forces might exploit the situation.

Concerns about rising communal tensions have been echoed by leaders from the ruling coalition. CPI state secretary Binoy Viswam warned against external groups potentially inciting divisions, while representatives from Kerala Congress (M) have rallied in support of the affected families, underscoring the socio-economic vulnerability of the residents.

In the midst of legal and political turmoil, the families of Munambam remain resolute in their fight for their homes. “We will fight until we receive assurance that the land belongs to us,” Kuruppassery declared, reflecting the community’s determination and hope.

Meanwhile, Viswam expressed concern over groups like the RSS and SDPI potentially inciting divisions. In a social media post, Viswam affirmed CPI’s stance against displacing residents over Waqf claims, insisting that the socio-economically vulnerable sections of the population should not face eviction over ownership technicalities.

Meanwhile, Kerala Congress (M) leaders, who represent a significant Christian constituency, voiced strong support for the affected families in Cherai and Munambam, adding to the chorus against the Waqf Board’s claims.

Earlier, State Waqf Minister V Abdurahiman had confirmed on social media that the government has initiated deliberations to amicably solve the Munambam issue. He assured residents that their concerns are being actively considered by the government.

“Kerala is a modern society anchored in secular values. Human values and secularism will guide us as we address the worries of Munambam residents and work toward a permanent solution,” he wrote.

(Edited by Neena)

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