21 May 2022, Disputes on Place of Worship in India
In 1950 a civil suit was filed seeking injunction to offer
puja (worship) at disputed site, called Babri Masjid (Mosque), where
people of Muslim faith were offering prayer. This was alleged by people of
Hindu religion that this was ancient
place of birth of Lord Rama. Lord Rama was born on 10th Jan. 5114 BC
as per a Sciencetic Research on Vedas. Babur invaded India and founded Mughal
dynastry in the 16th century after conquering northern India from
his base in Kabul. According to mosque’s inscriptions, it was build in 1528-29
(935AH) by Mir Baqi, a commander of Mughal emperor Babur. According to Hindu,
Baqi destroyed a pre-existing temple of Rama at the site. There are only a few
historical documents which are not sufficient about the Mosque or temple at
site.
Since law of limitation set 40 years as time limit to file
suit or examine facts and take some judicial note on facts; so this historical
facts are of no relevance to look into claim of Muslims or Hindus regarding
title dispute. Republic of India came into existence in 1947 and law was
enforced thereafter, there is also important in law.
Supreme Court of India in 2019, finally decided dispute of
Muslims and Hindus – called Ayodhya Dispute; which is not entirely based on
title of land, but a sort of mutual understanding to finally settle the dispute
between two religious’ group. In this dispute, Hindu claimed that a Mosque was
build on birth place of Lord Ram in
Ayodhya.
Now many more disputes are being raised in Courts in India.
Recently a dispute of Gyanvapi Mosque in Varanasi has incited communal friction
once again. It is alleged that this Gyanvapi Mosque was constructed by then
ruler Aurangzeb in 1669 upon demolition of an old Shiva Temple.
Similarly in Mathura, there is dispute that a temple built
at birth place of Lord Krishna- called
Krishna Janmasthan was destroyed multiple times, most recently by the Mughal
emperor Aurangzeb in 1670 and build a Mosque- Shahi Idgarh. Today both temple and mosque exist back to
back in Mathura and both religious group offer prayers at their respective
places.
There are many sites on which disputes are being raised.
Even ancient monuments like Taj Mahal and Qutab Minar are alleged to have been
constructed on remains of temple.
In India, about 80% population is Hindu and 15 % are Muslim.
To maintain harmony, in 1991, a Law- THE PLACES OF
WORSHIP (SPECIAL PROVISIONS) ACT, 1991 was enacted in India to prohibit changes and maintenance of
religious character of place of worship as on 15th Aug. 1947, when
Constitution of India came into existence.
Now I examine if these disputes are maintainable in view of
this 1991 Act.
The relevant provision of 1991 are as follows:
3. Bar of conversion of places of
worship.—No person shall convert any place of worship of any religious
denomination or any section thereof into a place of worship of a different
section of the same religious denomination or of a different religious
denomination or any section thereof.
4. Declaration as to the religious
character of certain places of worship and bar of jurisdiction of courts, etc.—
(1) It is hereby
declared that the religious character of a place of worship existing on the
15th day of August, 1947 shall continue to be the same as it existed on that
day. (2) If, on the commencement of this Act, any suit, appeal or other
proceeding with respect to the conversion of the religious character of any
place of worship, existing on the 15th day of August, 1947, is pending before
any court, tribunal or other authority, the same shall abate, and no suit,
appeal or other proceeding with respect to any such matter shall lie on or
after such commencement in any court, tribunal or other authority:
Provided that if
any suit, appeal or other proceeding, instituted or filed on the ground that
conversion has taken place in the religious character of any such place after
the 15th day of August, 1947, is pending on the commencement of this Act, such
suit, appeal or other proceeding shall be disposed of in accordance with the
provisions of sub-section (1).
(3) Nothing
contained in sub-section (1) and sub-section (2) shall apply to,—
(a) any place of
worship referred to in the said sub-sections which is an ancient and historical
monument or an archaeological site or remains covered by the Ancient
Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) or
any other law for the time being in force;
(b) any suit,
appeal or other proceeding, with respect to any matter referred to in
sub-section (2), finally decided, settled or disposed of by a court, tribunal
or other authority before the commencement of this Act; (c) any dispute with
respect to any such matter settled by the parties amongst themselves before
such commencement; 1 (d) any conversion of any such place effected before
commencement of this Act.
(c) any dispute
with respect to any such matter settled by the parties amongst themselves
before such commencement;
(d) any conversion
of any such place effected before such commencement by acquiescence;
(e) any conversion
of any such place effected before such commencement which is not liable to be
challenged in any court, tribunal or other authority being barred by limitation
under any law for the time being in force.
Bare reading of above provisions in Act, it is clear that no
dispute with respect to place of worship is maintainable before any Court in
India. Section 3 (a) provides some exceptions, which are applicable in case of
ancient monuments which are covered by other law- Ancient Monuments and
Archaeological Sites and Remains Act, 1958 (24 of 1958). There are different
authorities and law regarding ancient monuments, which is not open for any
litigation.