The Supreme Court’s 2023 ruling in the Gyanvapi case strengthened the legal basis for conducting surveys on disputed religious structures. By affirming such surveys’ permissibility, the judgment has provided a significant precedent for similar cases. It highlights the judiciary’s role in resolving sensitive disputes through fact-finding measures.
New Delhi: The Supreme Court’s 2023 decision to allow a scientific survey at the Gyanvapi Mosque complex seemingly encouraged various groups to assert claims over other contested places of worship across the country.
On August 4, 2023, the Supreme Court declined to stay an Allahabad High Court ruling permitting the Archaeological Survey of India (ASI) to conduct a survey at the mosque complex to investigate whether the 17th-century structure was built on the site of an earlier temple. The court remarked to the Anjuman Intezamia Masjid Committee, which manages the Gyanvapi Mosque in Varanasi, that “what is frivolous to you is faith to the other side.”
A bench led by former Chief Justice D.Y. Chandrachud instructed the ASI to utilize “non-invasive methodology” for the survey. Previously, on May 20, 2022, while addressing the Gyanvapi dispute, the Supreme Court made a noteworthy oral statement, indicating that determining the religious character of a place of worship is not prohibited under the Places of Worship (Special Provisions) Act (PWA), 1991.
Justice Chandrachud, who has since retired, noted that the court had examined the PWA’s provisions in its 2019 Ayodhya verdict and clarified that Section 3 does not explicitly prevent the ascertainment of a place’s religious character.
According to Section 4 of the PWA, changes to the character of religious sites as they existed on August 15, 1947, are prohibited. Following the Supreme Court’s August 2023 order, petitions seeking surveys and claims over religious structures have emerged in various judicial forums.
On December 14, 2023, the Allahabad High Court permitted a court-monitored survey of the Shahi Idgah Mosque complex adjacent to the Krishna Janmabhoomi Temple in Mathura. However, an apex court bench led by Justice Sanjiv Khanna stayed the survey on January 16, citing the emergence of certain legal issues in the dispute.
The court expressed skepticism regarding the “vague” application submitted to the high court for the appointment of a court commissioner to oversee the survey in Mathura. Tensions escalated in Sambhal, Uttar Pradesh, starting November 19, when a Mughal-era Jama Masjid was surveyed under court orders following a petition asserting that a Harihar Temple previously occupied the site.
Violence erupted on November 24, as protesters gathered near the mosque, resulting in clashes with security personnel that included stone pelting and arson. The unrest led to the torching of vehicles and injuries to police officers, with four lives lost and over 20 individuals injured.
In a separate case, on November 27, a court in Ajmer ordered that notice be issued to three parties in a civil suit claiming a Shiva temple exists within the dargah of Sufi saint Moinuddin Chishti. Additionally, a dispute concerning a medieval-era structure in Madhya Pradesh’s Dhar district reached the Supreme Court, which on April 1 declined to stay a “scientific survey” of Bhojshala. Nonetheless, the court stipulated that no actions should be taken based on the survey’s findings without its permission.
Hindus regard Bhojshala, an ASI-protected 11th-century monument, as a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community refers to it as the Kamal Maula Mosque. Under an arrangement established by the ASI on April 7, 2003, Hindus conduct “puja” at Bhojshala on Tuesdays, while Muslims perform “namaz” there on Fridays.
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In the Gyanvapi case, the Muslim parties have invoked the PWA and Section 4 of the law, arguing that the ASI’s survey is akin to “digging into history,” which they claim violates the PWA and undermines fraternity and secularism. The Varanasi district court directed the ASI on July 21, 2023, to carry out a “detailed scientific survey,” including excavations if necessary, to ascertain if the Gyanvapi Mosque, located adjacent to the Kashi Vishwanath Temple, was built on the site of a temple.
However, the mosque’s “wazukhana” (ablution pond), which Hindu claimants assert contains a “shivling,” is excluded from the survey due to an earlier Supreme Court ruling protecting that area. Hindu activists contend that a temple existed at the site and was demolished in the 17th century by Mughal emperor Aurangzeb.
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