Kerala Bishops’ Council Calls for Amendments to Waqf Act: ‘Justice Must Prevail’ | NewsX Exclusive

As the Waqf (Amendment) Bill is set to be tabled in Parliament tomorrow, the Kerala Catholic Bishops’ Council (KCBC) has raised serious concerns over specific provisions in the Act that they believe violate constitutional principles and social justice. In an exclusive interview with NewsX, the council shed light on issues affecting the people of Kerala, particularly in regions like Cherai, Munambam, and Palliparam.

Concerns Over Property Ownership and Evictions

The KCBC has been vocal about land disputes affecting hundreds of residents who have lived on their properties for decades. The controversy stems from the Waqf Board’s recent claim over land that was originally gifted to Farooq College and later sold to individuals.

“Our particular concern is for the people living in Cherai, Munambam, and Palliparam,” said a KCBC representative. “They have been staying there for many years, having legally purchased the land from Farooq College. It was never originally Waqf property. But now, suddenly, the Waqf Board is claiming ownership.”

The council emphasized that these residents come from diverse religious backgrounds and that their legal rights should be protected. “They paid for their land, built their homes, and have lived there for generations. To ask them to vacate their homes now is unjust,” the representative added.

A Call for Justice and Constitutional Integrity

The KCBC has formally reached out to Members of Parliament, urging them to support amendments that uphold fundamental human rights. They argue that some clauses in the existing Waqf Act conflict with constitutional values.

“We are not against the Waqf Board or its work,” the council clarified. “But certain provisions in the Act go against social justice and the fundamental rights of Indian citizens. That’s why we are requesting amendments.”

They stressed that political parties may have their own agendas, but laws must be in line with the Constitution. “We, the people of India, need to safeguard the Constitution. There should be no regulations that undermine its principles or deprive citizens of justice.”

Legal and Constitutional Challenges

A key concern highlighted by the KCBC is Section 40 of the Waqf Act, which allows the Waqf Board to claim any property as Waqf land. This, they argue, contradicts Article 300A of the Constitution, which guarantees citizens the right to own and possess land.

“For example, if the Waqf Board claims that a piece of land belongs to them, the person living there has no choice but to leave,” the representative explained. “This goes against the fundamental rights of every Indian citizen.”

Another significant issue is the power of Waqf Tribunals. Under current law, the tribunal’s decision is considered final, with no scope for appeal. The KCBC pointed out that this contradicts the judicial structure of India, where citizens have the right to approach High Courts and the Supreme Court for justice.

“If a tribunal declares a verdict final, where does that leave the affected citizen?” they questioned. “The law must allow for appeals, as guaranteed by our Constitution.”

Need for Greater Public Awareness

The KCBC urged the government to clarify the purpose of the amendments and ensure transparency in the discussion.

“There have been discussions, but more awareness is needed. The government must reach out to people and explain why these amendments are necessary,” they said. “The amendments should not create fear or anxiety. Instead, they should promote a peaceful and just society.”

The council reiterated that their concerns are not meant to target any community but to ensure that justice prevails for all Indian citizens. “This is about fairness. No law should deprive individuals of their rightful homes and land,” they concluded.

Concerns Reflect broader necessity

As the Waqf (Amendment) Bill comes up for discussion in Parliament, the Kerala Bishops’ Council’s appeal highlights the need for a balanced and just approach. Their concerns reflect the broader necessity of aligning laws with constitutional principles and protecting the rights of all citizens, irrespective of religion.

With growing debate around the issue, it remains to be seen how Parliament will address these concerns to ensure justice and fairness for all.