Kochi: As the Parliament discusses the contentious Waqf (Amendment) Bill for passage, Kerala is particularly curious since the Waqf Board’s claim on a stretch of residential properties in the coastal area of Munambam has snowballed into a major political controversy in the state.

The BJP has presented the proposed amendments in the bill as a solution for the land dispute at Munambam, where over 600 families have been staging an indefinite strike for over 150 days against the Waqf claim over their residential properties.

The Congress and the CPM and their allies are, meanwhile, of the view that the proposed Waqf bill is an attempt to infringe on the minority rights and that the Munambam land issue should be treated as a separate issue.

The protesting families, backed by the Church denominations, however, pin their hopes on the bill, believing the new law, if implemented, will have provisions which would make the Waqf claim over their land void. The Munambam residents purchased the land from Kozhikode-based Farook College management in the 1960s.

The land was gifted to the institute by Siddique Sait, a trader, through a Waqf deed in 1950 for educational and charitable purposes. The legal battle over the land revolves around the question of whether the college management had the authority to sell the land endowed to it as Waqf. Ever since the controversy over the land broke out, the college management has maintained that it received the land as a gift and hence, the property did not come under the purview of Waqf laws.

Legal experts pointed out that a clause in Section 2 of the proposed law will be crucial in the fate of the Munambam land dispute. The clause excludes trusts from the proposed law's purview, which gives confidence to the protesters in Munambam since Farook College is run by a trust.

“Provided further that nothing in this Act shall, notwithstanding any judgement, decree or order of any court, apply to a trust (by whatever name called) established before or after the commencement of this Act or statutorily regulated by any statutory provision pertaining to public charities, by a Muslim for purpose similar to a Waqf under any law for the time being in force,” the clause states.

“Once this clause comes into effect, the Waqf Board’s claim over the land in Munambam will cease,” a senior lawyer, well-versed in the matter, told Onmanorama on condition of anonymity. Benny Joseph, convenor of the Bhoosamrakshana Samithi spearheading the agitation, also cited the same clause, exuding optimism.

The lawyer, however, pointed out a potential problem with the clause. Since many mosques, madrassas and burial grounds on land designated as Waqf are managed by trusts or societies, such properties could also face a threat of losing Waqf rights with the new law. Hence, it is likely that the clause could be challenged in court, leading to further delay in a solution to the Munambam dispute too.

Sources in Congress said the party wants the clause scrapped. The legal expert suggested that the law should be amended so that the Waqf Board should be allowed to claim only land that was sold, even though it was included in the Waqf asset register. In the Munambam case, the properties were registered in the name of the current owners between 1989 and 93, while the Waqf Board added them to the asset register only in 2019.

The Lok Sabha is taking up the Waqf (Amendment) Bill for discussion and passage on Wednesday. The Narendra Modi-led government is determined to push it through even as the Congress-led opposition maintains that it is unconstitutional. The bill is likely to be presented at the Rajya Sabha on Thursday, with the two Houses allocating eight hours each for debating the proposed law.