Why opposition to Waqf Bill has left Congress in a Catch-22 in Kerala

The Congress party opposed the Waqf Amendment Bill as against the Constitution and the Muslim community at large. (File photo: PTI)

The Waqf (Amendment) Bill, 2024, passed in the Lok Sabha and Rajya Sabha over the past two days, has confused Kerala's politics. For Congress, this law creates a tricky situation. Both Congress and CPM had issued a whip to all MPs to be present in Parliament on Wednesday when the Bill is presented in Lok Sabha. The Congress’ three-line whip asked its MPs to be present in the Lower House for three days.

Christian MPs in Kerala from the Congress party needed to oppose the Bill in Parliament to keep their Muslim voters across India but risk upsetting many Muslim and Christian communities in Kerala. "Congress is a national party, and we can’t take a Kerala-specific stand on the Bill," one Congress MP told a news daily expressing the party's helplessness in going with clauses of the Bill that Christians favoured.

The strong reactions in Kerala stem from the Munambam land dispute. The Kerala State Waqf Board claims 400 acres of land, which affects over 600 families, primarily Christian and Hindu fishermen, who have lived there for many years. These families hold valid deeds and pay land taxes but face ongoing legal problems because of the Waqf Act 1995. This law lets Waqf Boards claim ownership of properties, leaving disputes to Waqf Tribunals, which many people doubt are fair and unbiased.

The BJP is using the current controversy to connect with the Christian community in Kerala, especially the Kerala Catholic Bishops' Council (KCBC), which includes the Syro-Malabar, Latin, and Syro-Malankara Catholic Churches. The KCBC has expressed frustration with existing laws, calling them "unconstitutional and unjust," and has asked Kerala MPs to support the Amendment Bill.

BJP state president Rajeev Chandrasekhar is actively gathering support on this issue. He has met with key community leaders, including KCBC president Cardinal Baselios Cleemis and SNDP Yogam general secretary Vellappally Natesan, which showed the BJP’s targeted approach. Chandrasekhar  also praised the KCBC’s position, describing the Bill as essential for justice and rejecting claims that it is anti-Muslim as "incorrect and mischievous."

In response to Congress MPs ignoring KCBC’s appeal, Kerala’s prominent Catholic newspaper, 'Deepika', sharply criticised both Congress and CPI(M). In a strong editorial published on April 1, 2025, 'Deepika' warned Kerala’s parliamentarians that “future generations will hold you accountable” if they do not support the legislation. The editorial pointed out that both parties wrongly assumed that certain communities' votes were guaranteed while others needed regular appeasement. It warned against compromising secular and democratic values “just to fit the Waqf footwear.”

'Deepika' emphasised that communities affected by current Waqf laws urgently needed legal help. The editorial mentioned Munambam, stating that the amendment was crucial for securing residents' rightful claims. It challenged critics who said justice might still be out of reach for Munambam residents, noting that such criticism accepted future benefits once amendments were approved. 'Deepika' urged the BJP to ensure that the Bill required the return of lands wrongfully taken by Waqf to their rightful owners, stating, “This legislative amendment should not be about politics but justice.”

In Munambam, a suburb of Kochi, the passage of the Bill led to celebrations and chants like “Bharat Mata Ki Jai” and “Jai Modi ji.” This showed support for the BJP from a group that usually doesn’t back them. Siji Ayil, a local leader, noted that Minister Suresh Gopi gave the protesters a Koratti Muthi (St Mary) statue, showing solidarity with local feelings. Gopi is expected to visit the historic Koratti Muthi Church soon after the Bill becomes law.

However, the pro-Christian parties in Kerala are worried about these changes. The Kerala Congress factions, mainly representing Christian areas, are now trying to manage the crisis. Francis George, the MP from Kottayam for the Joseph faction, said some amendments were helpful, but they believe the final decision should come from the state government, not the central level.

John Joseph, the son of Kerala Congress (Joseph) chairman PJ Joseph, dismissed the BJP’s actions as a short-term strategy to divide minority votes. He believes this approach will help the Left Democratic Front (LDF). He emphasized that true justice for Munambam residents should come from the state government and warned against upsetting Muslim communities.

The response from the Muslim community in Kerala is complicated. Minority Affairs Minister Kiren Rijiju described the Waqf Amendment Bill as lighting a lamp "against the force of the wind." This faces opposition from Muslim groups like Jamiat Ulema-e-Hind and Jamat E Islami, which have historically influenced Waqf management.

However, not all Muslims in Kerala support the Congress's position. Many are frustrated because they have had ongoing property disputes with Waqf Boards. Out of around 1,008 Waqf-related legal cases in Kerala, over half (551) involve Muslims. This shows significant dissatisfaction within the community, and they want fair hearings in civil courts.

The developments around the Waqf Amendment Bill have complicated Kerala's political situation, leaving Congress in a difficult position.