On the night of April 3, 2025, the people of the coastal village of Munambam in Ernakulam District in Kerala did not sleep. When the Waqf (Amendment) Bill was passed in Parliament at 2 AM on the day, the village erupted in celebrations, as residents, mostly Christian families, saw it as a step towards resolving their long-standing land dispute with the Kerala State Waqf Board. The community, which had been protesting for 174 days over claims to 400 acres of land, burst firecrackers, chanted slogans like 바카라Narendra Modi Zindabad바카라 and distributed sweets, expressing hope that the bill would restore their revenue rights. Bharatiya Janata Party (BJP) leaders, including state president Rajeev Chandrasekhar and others like Shaun George and P. K. Krishnadas, visited Munambam to join the jubilant residents the next day morning, assuring continued support until their rights were secured. Chandrasekhar hailed the bill바카라s passage as a historic moment, accusing opposition parties like the Congress and the Communist Party of India-Marxist (CPI-M) of neglecting the community바카라s plight바카라giving a clue as to what the BJP is planning as a future course of action in Kerala by strengthening its ties with the Christian community.
However, the passage of the Waqf (Amendment) Bill, 2025, has not resolved the Munambam land dispute, despite initial hopes among residents. Legally, the issue persists because the bill lacks retrospective effect, meaning it does not apply to pre-existing disputes like Munambam바카라s, where the Kerala Waqf Board claimed 404 acres as Waqf property in 2019. The bill바카라s Section 2A, which excludes certain trusts from Waqf classification, does not clearly address this specific case, as the land바카라s Waqf designation was already upheld by a 2009 commission and a Kerala High Court ruling. Ongoing litigation, including multiple appeals, and the bill바카라s focus on future transparency, rather than historical disputes, leave the issue unresolved, requiring further judicial clarity.
Origins of the Dispute
The dispute began with a 1950 donation of 404 acres in Munambam by Muhammad Siddique Sait to Farook College, Kozhikkode, for educational purposes. Over the decades, sea erosion reduced the land to about 135 acres. Between the 1980s and 1990s, the college sold portions of this land to roughly 600 families, mostly fishermen, who received registered deeds, paid land taxes, and built homes, assuming secure ownership. In 2019, the Kerala Waqf Board declared the land as Waqf property, following recommendations from the Nizar Commission, established by the Left Democratic Front (LDF) government in 2007. Waqf properties, under Islamic law, are dedicated to religious or charitable purposes and cannot be sold. The Board바카라s claim invalidated the prior sales, asserting the land belonged to the Waqf, raising eviction fears among the residents. Bureaucratic measures, such as the Revenue Department바카라s refusal to accept land taxes, further hindered the residents바카라 ability to access loans or develop their properties.
Since 2019, over 600 affected families have sustained protests against the Waqf Board바카라s claim, with demonstrations persisting for more than 170 days by early 2025. Centered around the Velankanni Matha Church in Kadappuram, the protests feature relay hunger strikes. Residents maintain they legally purchased the land, backed by deeds and tax receipts, and have lived there for generations. The Kerala Catholic Bishops바카라 Council (KCBC) and other Catholic Church entities have supported the protesters, highlighting the threat to their homes and livelihoods.
The Legal Tangle
The dispute has spurred significant legal and political activity. Residents challenged the Waqf Board바카라s 2019 classification before the Waqf Tribunal in Kozhikode. To address the growing unrest, the government appointed a judicial commission led by Justice C. N. Ramachandran Nair to investigate the land바카라s legal and historical status and recommend measures to protect the occupants바카라 rights. The commission aimed to untangle the complex claims, given the land바카라s donation to Farook College and its subsequent Waqf designation. However, the Kerala High Court quashed the commission바카라s formation, responding to legal challenges questioning its authority and procedural legitimacy. This ruling paused the commission바카라s efforts, deepening the residents바카라 uncertainty. In April 2025, a High Court division bench stayed the quashing order, reinstating the commission바카라s mandate pending further hearings set for June 2025, reflecting the dispute바카라s legal volatility.
The dispute, involving 600 families (mostly Christian), is tied up in multiple lawsuits at the Kerala High Court and the Waqf Tribunal.
As of April 2025, the dispute remains unresolved. The Kerala High Court has restrained the Waqf Tribunal from issuing final orders until May 26, 2025, and the Ramachandran Nair Commission바카라s findings are still pending. Residents continue their protests, demanding the land바카라s removal from the Waqf registry and restoration of their revenue rights. While the Waqf Amendment Bill has sparked some optimism, its inapplicability to pre-existing claims leaves doubts about a permanent solution. The Munambam case exposes broader issues in India바카라s Waqf property governance, where unclear records and unilateral claims can disrupt lives, while highlighting the delicate task of resolving legitimate grievances without fueling communal tensions바카라a dynamic poised to shape Kerala바카라s political landscape.
In the absence of retrospective effect, the bill does not automatically nullify prior Waqf Board claims, like the one on the 404 acres in Munambam, registered as Waqf property in 1950. Legal experts note that existing claims, such as those upheld by the Waqf Board and supported by court rulings, remain unaffected unless explicitly addressed.
Residents hope Section 2A, which excludes trusts created by Muslims for purposes similar to Waqf from the Waqf Act바카라s purview, will help because they purchased the land from Farook College, a trust. However, the Waqf Board argues the land was registered as Waqf via a deed, with Farook College as mutawalli (caretaker), and not a trust independent of Waqf. For Section 2A to apply, residents must prove in court that Farook College바카라s status as a trust overrides the Waqf designation, a complex legal hurdle.
The Munambam dispute, involving 600 families (mostly Christian) who have lived on the land for generations, is tied up in multiple lawsuits at the Kerala High Court and Waqf Tribunal. The bill does not dissolve these cases or automatically grant revenue rights to residents. They must still establish legal ownership through judicial processes, which the bill does not streamline.
The Political Impact
With local body elections approaching in September 2025 and assembly polls in 2026, the dispute has become a political flashpoint in Kerala. The BJP has positioned itself as the residents바카라 advocate, gaining support among the Christian community, which traditionally backs the Congress or the LDF. After the bill바카라s passage, 50 Munambam residents reportedly joined the BJP, and the party organised a 바카라Thank You Modi바카라 event on April 9, 2025, attended by Union Minister Kiren Rijiju. The BJP accuses the Congress and the CPI-M of prioritising Muslim vote banks over residents바카라 rights. On the contrary, the CPI-M and the Congress accuse the BJP of exploiting the issue to sow communal discord, though residents insist their struggle is about property rights, not religion.
Most residents of Munambam are Latin Catholics, backed by the Syro-Malabar Church, whose leaders, like Major Archbishop Raphel Thattil, have rallied for action, intensifying communal divides. Christian narratives casting the Waqf Board바카라s claims as a 바카라Muslim move against Christians바카라 have further widened the rift. Meanwhile, the IUML, led by Sadiq Ali Shihab Thangal, has pushed for mediation and a peaceful resolution, urging swift government intervention to safeguard residents바카라 rights. Yet, the legal tangle between the Waqf Board바카라s assertions and the natives바카라 claims complicates resolution efforts for the government. For the BJP, Munambam presents a political opportunity, with the new president Rajeev Chandrasekhar바카라s visit soon after a related bill바카라s passage signaling the party바카라s intent to leverage the issue in Kerala.
Shahina K. K. is a senior reporter covering South India
This article is part of Outlook바카라s May 01, 2025 issue 'Username Waqf' which looks at the Waqf Amendment Act of 2025, its implications, and how it is perceived by the Muslim community. It appeared in print as 'Cross Your Fingers'
