Sambhal Mosque / The order after which claims of survey started being made, CJI's comment also a reason?

Sambhal Mosque: In the last few years, the controversies related to the survey of religious places in India and their legal aspects have remained the center of discussion across the country. Starting from the Gyanvapi complex in Varanasi, the matter has spread to other religious places like Bhojshala in Dhar, Jama Masjid in Sambhal and Dargah Sharif in Ajmer. In this article, we will discuss the legal aspects of the Gyanvapi case, the relevance of the Places of Worship Act-1991 and the wider impact of judicial orders.

Background of the Places of Worship Act-1991

The Places of Worship (Special Provisions) Act-1991 was enacted by the then Prime Minister Narasimha Rao government in the backdrop of the Ram Mandir movement. Its objective was to preserve all the religious places in India in the same condition as they were on 15 August 1947. Under this law, a complete ban was imposed on changing the character of religious places. However, the ongoing controversy in the Gyanvapi complex in Varanasi has sparked a new debate over the interpretation of this Act.

Allahabad High Court's decision and its effects

The Allahabad High Court in its decision in December 2023 said that the character of a religious place can be determined by the court under the Places of Worship Act, 1991. The High Court held that it is necessary to clarify the religious character of the Gyanvapi complex, as the matter is disputed. This decision provided the legal basis for the lower courts to order a survey of disputed religious places.

Gyanvapi case: A historical perspective

The history of the Gyanvapi dispute has been in the courts since the beginning of the 20th century. In 1936, the Muslim side had demanded to keep the mosque under its jurisdiction, while in 1991 the Hindu side claimed that the Gyanvapi mosque was built by demolishing a temple. The matter has been disputed since then and is pending in the courts.

In 2022, a Varanasi court ordered a survey of the Gyanvapi complex, making the matter the center of national discussion. The Hindu side claimed that a Shivling was found in the wazukhana, while the Muslim side described it as a fountain.

Growing impact of judicial orders

After the High Court's decision, there has been an increase in the number of petitions related to religious places in various courts. These include Bhojshala of Dhar, Jama Masjid of Sambhal and Dargah Sharif of Ajmer. In these cases, the courts have ordered surveys.

Role of the Supreme Court

The Supreme Court in March 2024 clubbed the petition of the Masjid Committee with other petitions related to Gyanvapi. The Supreme Court's order made this dispute a matter of national importance. Hearing on the validity of the 1991 Act is also pending, which will determine the legal future of this dispute.

National importance and social impact

Disputes like Gyanvapi are a matter of sensitivity between the two major communities of the country. The High Court also called it a matter of national importance in its decision. It is necessary to ensure that decisions in these cases are based on legal and social balance, so that communal harmony is maintained in the country.

Way forward

The resolution of the Gyanvapi dispute and other cases related to the Places of Worship Act-1991 does not depend only on the courts. It is essential that all parties cooperate in resolving the dispute and remain committed to maintaining peace in the society.

Conclusion

The Gyanvapi dispute is a complex matter affecting the religious, social and legal landscape of India. The Places of Worship Act-1991 and the decisions of the High Courts underline the need that legal provisions be interpreted according to time and circumstances. The decision of the Supreme Court will not only resolve this dispute but will also set the future direction on the protection and characterization of religious places in the country.