Author- Vasudha Chakraborty & Nidhi Jhanwar
College- Manipal University Jaipur
Year of study- 3rd year
The atmosphere was ignited with feelings of hatred and vandalism as hundreds of kar sevaks from all over the country gathered at the disputed site of Babri Masjid in Ayodhya, Uttar Pradesh on 6th December 1992. Slogans were raised and abuses hurled as politicians and bureaucrats alike, egged the common man to take justice in his own hands. The situation soon escalated into a frenzy of madness as some people climbed up the dome of the mosque and struck the first blow. That blow on the dome of Babri Masjid was the first among the many nails on the coffin that is India’s secular fabric. Since the 19th century, many cases related to various disputes have been heard and many decisions taken, but all in vain. No satisfactory final decision could be given by any authority and the two sects were never ready to mediate or find a midway. Then in the 21st century, the highest officialdom had to take things under control to give a final verdict binding on all to put an end to this never ending series of meaningless hearings at court.
On the most awaited date of 10th November 2019 the Ayodhya-Babri Masjid Verdict was announced and it came upon the Muslims as inequitably as the amount of cheerfulness and rejoices it brought amongst the Ram-bhakts. Once again the victory of Lord Rama over the world was to be cherished from now on. But is this what Lord Rama would have wanted, to bring peace amongst the larger population by overpowering and supressing the minority? Was this fair disposal of power by the highest judicial authority of the country, or just a political propaganda to win over the hearts of the majority? The question is whether the Motto of the Constitution is being followed in the middle of all this or its main aim has been forgotten amongst the rush of establishing religious supremacy? Can India really be called a secular country anymore? But before commenting on any basis, it is necessary to
This entire conflagration between the two communities can be dated back to 1886 when the controversies could not be resolved to reach any seal. Countless suits filed one after the other could not decide any fate. All these have created endless pages in the history. The substantial change in the position took place when idols were secretively placed inside the mosque in 1949, and then the central dome of the mosque was destroyed by a mob in 1992 and a makeshift structure of a temple was found under the dome. After that the Central Government acquired the area. Thereafter writ petitions were filed in the High Court of Allahabad challenging the validity of the Ayodhya Act of 1993. A reference was made by the President of India that whether a Hindu Temple or religious structure existed prior to the construction of Ram JanamBhoomi and Babri Masjid including the inner and outer courtyards. The final decision of the High Court in 2010 was that all the three parties- Muslims, Hindus, and NirmohiAkhara are declared as joint holders of disputed premises and each be allotted one third share. The parties preferred multiple civil appeals and Special Leave Petitions before this court against this judgement. Then in January 2019 a five judge bench was constituted by the Chief Justice of India to hear to appeals. Efforts were also made to reach settlement through mediation. Final arguments were presented in October 2019.The final issue that was in question was that whether the premises in question or any part thereof is by tradition, belief and faith the birth place of Lord Rama as alleged.
The contentions from the appellant side is that the BabriMasjid has been built after demolishing Ram Janam Bhoomi Mandir and hence such a mosque deserves to be destroyed.But again here the question arises who is eyewitness to the existence of such a Mandir in the past? The ASI excavation reports nowhere conclusively prove this. Moreover it has been submitted that theory of the disputed site being called as Janma Asthan of Lord Ram is of recent origin and there is no evidence of such earlier belief. So here all the game was of faith and belief on the basis of pure emotions and no proper legal sanctity. When can ever the law be used to determine religion? Law is logical and reasonable but religion is custom and faith of a large population. The two can never be questioned over each other. When we think of the Hindu religion it is difficult to define it adequately as it does not claim any one prophet; worship of any one God; or subscribing to any one dogma; it might as just be broadly described as a way of life.
We all for certitude know that Ayodhya was the birth place of Lord Rama. Hindus have regarded it as one of the most sacred places since time unknown. But there is no actual concrete proof that whether the Ram Janam Bhoomi Mandir or the courtyard of Raja Dasharath existed at that very land of BabriMasjid. But Law works on evidence and here lies the swivel.Any proof of existential structure that we have is the long standing
As per holding up of the principles of the Indian Constitution is concerned, a more favourable decision towards the minority religion should have been given; rather than just making a political policy out of it to gain confidence of the majority.