Opinion | When Justice Sleeps: The Encroachment of Mar Thoma Bhavan and the Silence of Authority

Opinion | When Justice Sleeps: The Encroachment of Mar Thoma Bhavan and the Silence of Authority

The recent encroachment upon the land of Mar Thoma Bhavan, Kalamassery, is not merely a land dispute it is a direct assault on the rule of law and on the rights of a religious community. What unfolded in the early hours of September 4 was a coordinated attack. Nearly seventy individuals stormed the premises under the cover of darkness, demolished a seven-foot-high wall that had stood for forty-five years, broke open the gates inscribed with the Word of God, and destroyed water supply lines and CCTV cameras. Most disturbingly, they blocked the access to a convent where around ten nuns live, effectively trapping the residents within their own home.

Such acts are not just unlawful; they are inhumane. To deny individuals, especially women religious, their right to movement and safety is a gross violation of human rights. It is an attack on dignity and security, carried out in defiance of both morality and legality.

The Authority of the Court Ignored

This is not a matter clouded in legal ambiguity. The Ernakulam Sub Court has already confirmed Mar Thoma Bhavan’s ownership of the land and issued a Prohibitory Injunction preventing others from entering it. Yet, in brazen disregard for this decree, the encroachers not only trespassed but also began constructing illegal structures, even putting up boards suggesting new developments. When judicial authority is mocked in this manner, and no immediate action follows, it is the justice system itself that stands undermined.

The Disturbing Silence of Law Enforcement

The most alarming dimension of this crisis is not simply the crime itself, but the silence of the state machinery. Despite police presence near the property, the encroachers have continued their illegal activities without hindrance. Concrete materials have been unloaded, structures raised, and intimidation persists. The absence of police intervention, even in the face of such open defiance, is not just a failure of duty it borders on complicity through inaction.

When those entrusted with upholding law and order stand aside as laws are broken, trust in governance collapses. Citizens begin to wonder: if even a court decree cannot protect a religious institution, what protection remains for the ordinary individual?

A Pattern That Cannot Be Ignored

The roots of this case trace back decades. The land was entrusted to Mar Thoma Bhavan in 1982. Years later, in 2010, a fraudulent sale deed was created by the heirs of the original owner, sparking disputes that the Sub Court has since resolved in favor of Mar Thoma Bhavan. Yet, despite the clarity of judicial pronouncements, encroachers have pressed forward, emboldened by the state’s unwillingness to enforce its own laws.

This is not an isolated incident; it reflects a wider pattern in which land mafias and organized groups exploit loopholes, weak enforcement, and political silence. Left unchecked, such impunity threatens to corrode public confidence in every institution meant to safeguard justice.

Historical Echoes of Injustice

Kerala has a long and troubled history of land-related disputes targeting religious institutions. These cases reveal a disturbing pattern: fraudulent documents, organized land grabs, and administrative indifference often converge to undermine both property rights and social peace.

One such instance was the Vembanad seminary land dispute, where Church authorities faced repeated attempts by private groups to stake false claims using fabricated deeds. Despite legal clarity, enforcement was painfully slow, leaving the community in years of uncertainty.

Similarly, the Kothamangalam Jacobite-Orthodox feud over church control showed how court orders were openly flouted on the ground, with police often reluctant to act for fear of political repercussions. In both cases, religious sanctity was desecrated, and communities were left vulnerable to intimidation.

Another parallel can be drawn with the attacks on convent lands in Wayanad, where tribal land claims were manipulated by vested interests. Here too, the issue escalated beyond property nuns were threatened, local communities divided, and the state was seen as incapable of protecting even those who serve society through education and healthcare.

These echoes from Kerala’s recent past should serve as a stark warning. When institutions rooted in faith and service are left exposed to land mafias, the damage goes far beyond real estate it corrodes trust in governance, judiciary, and social harmony itself. The events at Mar Thoma Bhavan are but the latest chapter in this recurring tragedy.

A Question of Justice and Accountability

The issue now is no longer only about Mar Thoma Bhavan it is about the credibility of Kerala’s governance. The encroachers must be evicted immediately, those responsible arrested, and the larger network behind the attack exposed. Anything less would signal that the state is willing to allow organized criminality to flourish under its watch.

Elected representatives too cannot remain silent. Their duty is to safeguard the rights of their people, especially when a religious institution and its residents are targeted. When silence becomes the response to injustice, it ceases to be neutrality it becomes complicity.

Conclusion: A Test of the State’s Conscience

The events at Mar Thoma Bhavan are a test of Kerala’s conscience. This is about more than walls and gates; it is about whether justice can prevail over organized lawlessness. The Christian community has endured with restraint, trusting the courts and authorities to act. But patience has its limits, and justice delayed risks turning restraint into resistance.

The choice before the government and police is clear: to act decisively in defense of justice, or to stand by silently while law is trampled. History will remember which side they stood on.


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