Wayanad Eviction Row: A Turning Point in the Fight Against Waqf Land Grabs
Paromita Das
GG News Bureau
New Delhi, 18th November. Wayanad, a picturesque district in Kerala known for its lush landscapes and socio-political significance, has often found itself in the national spotlight. In recent years, the district has gained attention for various reasons, including Congress leader Priyanka Gandhi’s electoral bid. However, the latest controversy surrounding the Kerala State Waqf Board has thrust Wayanad into the eye of a growing storm of public discontent. Accusations of land grabs under the guise of religious authority have sparked protests, even from members of the Muslim community, reflecting a broader, more alarming trend across India.
The Eviction Drama in Wayanad
The recent eviction notice served by the Waqf Board to five families in Thavinhal grama panchayat exemplifies the growing frustration with the Board’s actions. The eviction targets four Muslim families and one Hindu family, all of whom possess valid title deeds and have been paying property taxes for decades. Shockingly, one family’s documentation dates back to 1948, predating the title deed cited by the mosque committee that filed the complaint.
The alleged encroachment of 4.7 acres of land, which the Hidayathul Islam Jamaat Mosque claims was donated in 1963, raises significant questions. How can land with existing legal ownership records be retroactively claimed? Such disputes often reveal a deeper malaise—namely, the unchecked power of Waqf Boards and their apparent immunity from judicial scrutiny.
A National Problem: Land Grabs Beyond Kerala
Wayanad’s controversy is not isolated. Across India, Waqf Boards have been implicated in questionable land acquisitions, often displacing vulnerable communities. In Ernakulam’s Munambam region, nearly 600 families, primarily Christians and backward Hindus, face eviction due to the Board’s claim over 404 acres of coastal land. Here too, historical occupation and valid leases have been overshadowed by a Waqf deed executed decades later.
In Tamil Nadu, the audacious claim by the Waqf Board over the Sundareswarar Temple, a 1,500-year-old Hindu temple, demonstrates the Board’s overreach. Similarly, Karnataka witnessed a shocking episode where 1,200 acres of farmland were arbitrarily classified as Waqf assets, leading to mass evictions. Although the state government admitted the error and promised corrective action, the incident underscores the systemic nature of the problem.
The Legal and Constitutional Conundrum
The Waqf Act, originally intended to manage endowments for Islamic religious and charitable purposes, has become a contentious instrument. Critics argue that its provisions contravene the spirit of the Indian Constitution, particularly with regard to equality and property rights. Unlike other entities, Waqf Boards wield extraordinary power to claim land, often bypassing due legal processes.
The judiciary has occasionally stepped in, as evidenced by the High Court’s dismissal of the Waqf Board’s plea in the Sundareswarar Temple case. However, the broader legal framework remains skewed in favor of the Board. This imbalance fosters resentment among affected communities and fuels calls for sweeping reforms.
Public Backlash: A Turning Point?
What sets the Wayanad case apart is the participation of Muslim families in the protest against the Waqf Board. This marks a significant shift, as criticism of the Board has traditionally been led by Hindu organisations or legal experts. The growing dissatisfaction within the Muslim community itself signals a broader rejection of the Board’s perceived misuse of power.
Protesters and critics alike argue that the Waqf Board’s actions undermine communal harmony and erode public trust. The Board’s approach often pits communities against each other, exacerbating social divisions and creating fertile ground for political exploitation.
The Path Forward: Balancing Faith and Fairness
The upcoming Winter Session of Parliament presents a critical opportunity to address the Waqf Board’s controversial practices. A draft legislation aimed at curbing the Board’s draconian powers is reportedly in the works. Such reforms must prioritize transparency, accountability, and judicial oversight to prevent further misuse.
In addition to legislative action, a broader societal dialogue is needed to ensure that religious institutions operate within constitutional limits. Civil society, legal experts, and political leaders must collaborate to create a framework that respects both religious endowments and individual property rights.
Conclusion: A Crucial Test for Justice
The Waqf Board’s unchecked authority has brought it to a pivotal crossroads. Cases like Wayanad, Ernakulam, and Tamil Nadu underscore the urgent need for reform to prevent further erosion of public trust. The Board’s primary mandate—to manage religious endowments for the welfare of the community—must not become a cover for land usurpation or legal overreach.
Wayanad’s unfolding drama is not just a local issue; it is a microcosm of a national problem. As public awareness grows and protests mount, the demand for justice and fairness cannot be ignored. The resolution of these disputes will serve as a litmus test for India’s commitment to upholding the rule of law and protecting the rights of its diverse citizens.
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