The Syro-Malabar Church and the Kerala Catholic Bishop Council have urged the Joint Parliamentary Committee (JPC) to amend the Waqf Act of 1995. In letters sent to the committee, they have expressed concerns over unlawful claims made by the Waqf Board on properties owned by Christian families in Kerala, creating distress for those affected.
Archbishop Andrews Thazath, chair of the Syro-Malabar Public Affairs Commission, wrote on September 10, highlighting the difficulties faced by Christian families in Cherai and Munambam, located in the Ernakulam district.
He claimed that numerous properties, which have belonged to Christian families for generations, were unlawfully claimed by the Waqf Board, leading to prolonged legal battles and threats of displacement for the rightful owners. Around 600 families from the fishing community, including a Catholic Parish Church, a convent, and a dispensary, face threats of eviction.
The Syro-Malabar Public Affairs Commission has appealed to the JPC to consider the plight of the people affected by these claims. The letter stressed that the unjust actions of the Waqf Board threaten the homes of vulnerable families in these villages and across other parts of India. The Church called for amendments to the Waqf Act, emphasising the need to protect property rights on humanitarian and constitutional grounds.
Similarly, the Kerala Catholic Bishops’ Council (KCBC) wrote a letter to the JPC, urging them to take immediate action to prevent such unjust claims on lawfully owned properties.
In the letter, dated September 10, Cardinal Baselios Cleemis Catholicos, president of KCBC, highlighted the challenges faced by more than 600 families in Munambam Beach due to the enforcement of the Waqf Law. Since 2022, these families have experienced distress and uncertainty over unlawful claims made on their properties by the Waqf Board.
The KCBC requested a comprehensive review of the Waqf Law provisions that have contributed to this situation and urged amendments or repeal of problematic clauses to prevent similar cases in the future.
The letter stressed that the claims made by the Waqf Board are unjust, unconstitutional, and violate the property rights guaranteed by the Indian Constitution. The KCBC asked the Commission to ensure fair enforcement of the law to protect citizens' rights and dignity.
The Waqf (Amendment) Bill was introduced in the Lok Sabha on August 8 and subsequently referred to a JPC after significant debate. The committee has since engaged in a series of informal discussions with various stakeholders to refine the proposed amendments. These consultations, which are set to conclude by October 1, aim to introduce improvements to the Waqf Act, ensuring better management of waqf properties.
The Waqf Act, 1995, regulates over 600,000 registered waqf properties across India. However, it has faced longstanding allegations of mismanagement, corruption, and encroachments.
The Waqf (Amendment) Bill, 2024, seeks to address these issues by introducing reforms focused on digitisation, stricter audits, enhanced transparency, and new legal mechanisms to reclaim illegally occupied properties. The JPC is expected to submit its report to the Lok Sabha by the end of the first week of the next parliamentary session.
The situation in Kerala reflects broader concerns about the implications of the Waqf Act on citizens who have legally purchased and developed their properties. Many fear the encroachment of their property rights due to unregulated claims by the Waqf Board, affecting families that have lived in these areas for generations.
The Syro-Malabar Church and KCBC have highlighted that the affected families are from vulnerable communities, such as fishermen, and face significant distress due to ongoing disputes.
These developments have drawn attention to the need for a balanced approach to the regulation of waqf properties in India. While waqf properties play an important role in supporting social and religious causes, they must be managed without infringing upon the rights of other citizens.
The call for amendments to the Waqf Act by the Christian community is a reminder of the need for reforms that balance religious interests with individual property rights.
The JPC’s ongoing consultations with stakeholders are expected to address these issues, but the affected communities hope for a solution that ensures fair treatment and protects their rights.
Any amendments to the Waqf Act should ensure that citizens’ rights are not compromised, and that religious boards operate within the boundaries of the law without imposing undue hardship on lawful property owners.
The proposed amendments to the Waqf Act also include digitisation of waqf properties and stricter audits to improve transparency and accountability. This move is intended to prevent mismanagement and reduce the potential for illegal encroachments.
By introducing these reforms, the government aims to ensure a more effective regulatory framework that protects both waqf properties and citizens' property rights.
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