Political Diary

New Delhi, 27 February 2024

Gyanvapi Mosque

TIME FOR BHARAT BHAKTI?

By Poonam I Kaushish 

It was music to Shiv Bhakts as Har Har Mahadev had his way, say and came out trumps. In a big win for Hindus, Allahabad High Court Monday dismissed Gyanvapi mosque management committee's appeals challenging Varanasi district judge's order last month allowing “puja” to be performed in Vyas Tehkhana, averring “worship will continue.” 

Recall, Samajwadi’s Mulayam Singh Government had stopped prayers in the Tehkhana 1993 post Babri Masjid demolition.  On Shailendra Vyas’s petition claiming cellar was with his family since 1551and prayers were being held since British times till 1993 and State could not arbitrarily take away his right of freedom of religion granted by Article 25, the district judge  allowed puja. 

Certainly, the temple-masjid symbolism is an intoxicating potent being used by Hindus and Muslims, depending on which side of the template one is on. History tells us Aurangzeb built Gyanvapi Mosque 1669 after demolishing Vishweshwar Mandir. The temple’s plinth was left untouched and continued to serve as the mosque’s courtyard which reportedly has a Shivling in the pond used for “wasoo” (purification) before namaz and why Hindus are being deprived of their religious right to offer water to the ‘lingam.’ 

In 1936, three Muslim petitioners moved Varanasi’s District Court demanding the entire Gyanvapi complex be declared mosque’s part. The Court granted right to offer namaz alongside prayers anywhere in the complex. 

However, just like Places of Worship Act (PoW) the present case too has its roots in 1991 when a Vishwanath temple priest’s descendant and two others filed a suit in Varanasi’s civil judge court demanding declaration that Gyanvapi complex is part of Kashi temple, removal of Muslims from therein, mosque’s demolition as it was built on old Visweshwar temple’s remnants and land be returned to them, bypassing the PoW. 

In 1998 Anjuman Intezamia Masjid Committee (AIM) moved Allahabad High Court asserting temple-mosque land dispute could not be adjudicated by a civil court as it was barred by PoW Act citing Section 3 which prohibits converting place of worship of a different religious denomination or a different class of the same religious denomination. Section 4(2) states all litigations, appeals or other proceedings relating to changing nature of the place of worship (which were pending till August 15, 1947) shall cease after the enactment of this Act and no fresh action can be taken on such cases. 

The petitioners contended the 1991 Act did not apply to the mosque as the mandir was partly demolished to construct it. Also, as change in nature of worship place had occurred after the cut-off date of August 15, 1947 legal action could be initiated, resulting in the High Court staying proceedings in the lower court for 22 years. 

The issue was revived in 2019 demanding an Archeological survey of the entire disputed area. This was ceded by the city-court on 8 April 2021. Alongside, a five-member committee comprising archaeology experts with two members from “minority community” was constituted to determine whether any temple existed at the site, prior to the mosque. The AIM challenged this in Allahabad High Court which indefinitely stayed the survey. 

On 18 August 2021 five women filed a petition demanding right to worship in Shringar Gauri temple daily without restrictions along-with other “visible and invisible deities within the old temple complex”. Presently, devotees are allowed to worship only on fourth day of Chaitra Navratra. 

In April 2022 Varanasi District Court allowed videography. AIM moved Supreme Court stating it went against PoW Act which was rejected. In July Allahabad’s High Court upheld Varanasi Court ordering ASI survey to determine if mosque was built upon a temple. In August last Supreme Court refused to stop ASI continuing their “scientific investigation of mosque’s complex”.

Questionably, is the genesis of the dispute just to rectify history? Is it only about worship in Tehkhana? Or ensure BJP’s political future of Hindu consolidation? “Ayodhya to bas jhaanki hai, Kashi-Mathura baaki hai? Saffronites allege Mathura’s Shahi Idgah Masjid was built by demolishing a temple at Lord Krishna birthplace. A case is pending before a local court seeking to reclaim Katra Keshav Dev Mandir complex. 

Undoubtedly, the judgment’s larger implications are that it paves path for suits of similar nature. To buttress its claim, a senior BJP leader underscores Kashi Vishwanath Temple as Lord Shiva’s most significant shrine and prominent among 12 ‘Jyotirlingas’ mentioned in Puranas. It’s part of our national heritage and symbol of nationalism which is at the core of Indian consciousness.  We have given Kashi a political thrust for installing Hindu nationalism as India’s dominant political credo. 

More. The Saffron Sangh avers idea of communal harmony and unity flies in the face of historical evidence even as Muslims use historic religious sites as reference points to articulate their socio-political goals and build modern identities with different visions of a modern State. 

Musim clerics aver Hindutva Brigade has found its golden goose: Reclaiming temples by breaking mosques to get Hindu majority to keep bringing them back to power on an emotive issue built on the foundation of aastha and badla from Muslim invaders, who are history. The method is simple: instill a feeling of victimisation within Hindus that they had been dealt unfairly by Muslim minority, first by Mughals and now by Congress and Opposition Parties which believe in Muslim appeasement. 

Today, this victim complex has now culminated into a superiority complex within a cross-section of the majority community which wants to assert its identity by demolition of mosques and “reclaiming” temples. Ayodhya and Babri were the political investments made three decades ago. 

Adding, “For the BJP it is a political issue for which they will gain benefits in 2024 elections, specially, as it Prime Minister Modi’s constituency. The Saffron Sangh wants to dip into their interest earnings from Ayodhya and make fresh investments — basically go on an expansion drive, inject fresh fuel in religiosity via Kashi and Mathura which are part of a grand effort to undermine India’s Islamic history. The motive is clear. Monuments that remind presence of Muslims ruling India must be destroyed.” 

Already, there are four instances beside Varanasi where the origin of various structures are being challenged before courts despite the PoW law: Mathura, Agra, Madhya Pradesh’s Dhar and New Delhi. 

In a sense, the dispute with its political undertones, underscores the nemesis of depending wholly and pathetically on the judicial process to tackle an issue of faith. Perhaps a way forward is to learn from the Ayodhya verdict. The judgment went a long way in becoming a catalytic agent to integrate India and make it a cohesive whole. 

It strengthened the basic features of the Constitution and confidence of people, especially of minorities, on independence of judiciary and rule of law. People showed their inherent maturity. There were no untoward incidents, fiery and inciting speeches, celebration or despondency.

Clearly, a long legal battle lies ahead as Gyanvapi Mosque-Kashi temple is related to faith and posturing of assertion is not the best formula for amity. In a pluralist society, with multiplicity of religions, Hindu-Muslim religious leaders need to sit together and work on a solution. For starters why don’t ShivBhakts and Rahim Abids evoke the spirit of Rashtra Bhakti. What gives? ----- INFA

(Copyright, India News & Feature Alliance)