The Waqf Claims: Munambam Residents Fight for Their Homes
Dr. Michael Pulickal CMI
(Secretary, Commission for Social Harmony and Vigilance, Kerala Catholic Bishops’ Council)
Nearly five years ago, the Waqf Board laid claim to the areas of Munambam, Cherai, and Pallikal islands in Ernakulam district, located along the northern coast of Vypin. This region comprises around one thousand land titles and is home to more than six hundred families of various religious backgrounds, with land ownership records dating back to 1989. These residents are now facing severe hardship as they are being forced to vacate land they legally purchased. This situation has led to serious human rights violations, infringing on their constitutional rights to live and own property.
Historical Context
The history of ownership of this disputed land dates back to 1902. At that time, the King of Travancore leased 404 acres of land and 60 acres of water to Abdul Sattar Musa Haji Seth, who had come to Kerala from Gujarat for agricultural purposes. The lease had previously excluded the land of local fishermen who had lived there for many years prior to it.
Later in 1948, his successor Siddique Seth registered this land at Edapally (Ernakulam) Sub-Registrar Office. During the last fifty years, sea erosion had caused significant land loss in areas of that island region. In particular, torrential rains and rough seas in 1934 completely obliterated a sea side known as ‘Pandara sea side’. A significant portion of the land leased by the King to Seth was included. Later registered land included areas where fishermen had resided for nearly a century.
This registered land was handed over to the management of Farooq College by Siddique Seth on 1st November 1950, in accordance with a gift deed (the construction work of Farooq College was started in 1948 at Feroke in Kozhikode district). Siddique Seth’s closeness with Maulavi Abdullah Ahmed Ali, a Chavakkad native and founder of Farooq College, is reported to have influenced his decision to give the land to the college. However, there are indications that Seth believed there was no use in holding such a land when the 404-acre land was reduced to a quarter over the years due to sea erosion. However, it was registered at the time under the condition that the management of Farooq College should not use that land for any purpose other than educational objectives, even if it could be bought and sold, and that if Farooq College ceases to exist at any point, the land should be returned to his descendants. But knowingly or unknowingly, the word ‘Waqf’ was written in that document.
Even before the transfer of land, some of the residents had obtained occupancy certificates from the Taluk office. The locals did so because the certificate would help them get electricity, drinking water, etc. A few years later, some uneasiness arose between the management of Farooq College and the local residents due to some disputes over land use. This case continued for several years. Following the assessment that the land had been gifted to Farooq College, subsequent court orders were not favourable to local residents.
Purchasing the Land
In 1975, the residents of the area formed a tenant group and filed a petition in the Paravur Munsiff Court. That case continued for twelve years. After a long thirty-four years, in 1987, as part of a compromise, the then residents paid a large sum to the Farooq College management to purchase the land where they had been living for more than a century. They paid Rs 250 per Cent. At that time, the land in many nearby areas cost less than one hundred rupees. However, as fishermen who had been living there for ages, they were forced to pay a heavy price as their occupations would be adversely affected. Subsequently, Hassankutty Sahib, Secretary of the Managing Council of Farooq College, signed around 280 land documents between 1989 and 1993.
Later Events
The area developed over the next three decades. Apart from hundreds of concrete houses, many institutions, churches, roads, and bridges were built. The people who lived in peace suddenly had to confront another threat. A person who came to the village office to pay the land tax in the month of January 2022 was unable to do so because the Tehsildar at the village office issued an order that it was Waqf land. During the later investigation, the local residents realized that the Waqf Board had already started such actions in 2019. However, none of them received a single notification.
Later, after contacting the MLAs and other representatives of the people, engaging in numerous negotiations and filing a case in the High Court, about 600 families were allowed to pay the land tax and mutate the land (Pokkuvaravu in Malayalam). However, the order was stayed after two Waqf Board members again approached the Division Bench of the High Court. At present, the High Court is hearing five cases brought by local residents.
The owners are unable to sell or mortgage the land since that is listed in Waqf Board records and there are ongoing cases. The Munambam residents cannot afford to pay exorbitant fees to litigate the case in the High Court. They are concerned about the future of the case as the other side is the quite powerful Waqf Act and the Waqf Board. However, those natives have hopes for the revision of the Waqf Act, which is currently being prepared by the central government.
The Core Legal Dispute
The rule is that donors should not impose conditions on the land given as Waqf. However, the land deed registered to Farooq College contains some conditions. In case the college ever ceases to exist, the land remaining at that time is to be given to the heirs of the original owner. Therefore, the main contention before the Court is that the present ‘Waqf’ claims cannot stand. Such land cannot be established as ‘Waqf’ as earlier Judgements have often referred to the land as a gift to Farooq College. According to the 2013 amendments to the Waqf Act, a claim for land to be designated as ‘Waqf’ must be made within three years. But in 2019, only the Waqf Board has raised the claim that the land of Munambam residents is ‘Waqf’. However, no legal procedures have been taken to inform the local residents.
Unconstitutionality, Negligence and Injustice
Waqf claims pose a serious challenge to the fundamental rights to dignified life, property, equality and secularism envisaged by the Constitution of India. It is undeniable that the present Waqf Act is unconstitutional. Provisions have been added to the Waqf Act that place ‘Sharia’- law—above the Indian legal system (once Waqf, always Waqf). The word ‘Waqf’ means ‘Dedicated to Allah, anything that is not permitted to be sold or transferred’. According to the Waqf Act, which came into force in India in 1995, if the Waqf Board claims the ownership of any land, it will go through extremely complicated legal procedures. If necessary judicial and government intervention is not done in time, the land will be permanently vested in the Waqf Board.
Ever since this serious problem was noticed, the local residents and their representatives have been approaching the government authorities and political leaders in various ways. The residents of the area did not go to the agitation on the assurance of the people’s representatives that the matter would be resolved. But their promise has not been fulfilled yet. Another problem is that there are various impediments to the progress of the petitions pending before the court. The last court hearing was held in July 2023. Surveys related to the coastal highway have been carried out in that area. Then, when the land is acquired, many people may have to go to the streets without even getting compensation because it is the land involved in the case.
A Call for Reform
Under the guise of the Waqf Act, some interested parties are attempting to seize the land on which the people of Munambam have been living for more than a century and a half, which had to be bought once. It is a severe injustice. The situation of those people should awaken the conscience of India. The State Government’s inaction should also be addressed. Why does the state government, which has formulated policies urgently to oppose the central government’s Waqf Act amendment, pretend not to see the people of Munambam who are being victimised by the Waqf Act? Why do they hesitate to intervene in the denial of justice happening there?
What worthy does a system associated with a religious community do by harassing the entire population of a region in this way? Is it due to communal bias, as no members of their community reside in this area, that we see a lack of social conscience, stirring religious tensions? Are the cries and tears of the beleaguered poor people worthless in this civilised society?
We also urge the central government to take the grievances raised by Muslim organizations about the Waqf Act amendment seriously. Denial of constitutional rights to any religion should never happen. At the same time, the government must take steps to ensure that incidents like what is happening in Munambam never occur again in any part of the country. Systems that make public life unbearable, violate citizens’ fundamental rights, and disregard basic human decency under the cover of law must be corrected. Amendments to the Waqf Act are essential to prevent such abuses from happening anywhere else in India.
