A Turning Point in India’s Historical Religious Dispute: Gyanvapi Mosque Case
New Delhi: The Supreme Court of India, on January 16, 2024, in a significant development, addressed the contentious Gyanvapi mosque case, instructing the Hindu women plaintiffs to file a formal application for an archaeological survey of a sealed section within the mosque. This direction is a pivotal moment in the ongoing legal tussle over the historical and religious claims associated with the Gyanvapi mosque.
The bench, led by Chief Justice of India Dhananjaya Y. Chandrachud, and comprising Justices JB Pardiwala and Manj Misra, responded to senior counsel Madhavi Divan’s request for a survey of the sealed area. The Chief Justice stated,
“You file a proper application and then, we will see.”
This instruction is crucial as it could lead to a modification of the Supreme Court’s May 2022 order.
The Gyanvapi mosque, steeped in history, has become the focal point of a legal dispute involving claims of a pre-existing Hindu temple. The Varanasi district court had previously ordered an extensive ASI survey to investigate these claims. This order was upheld by the high court, and the Supreme Court, in September, did not stop the ASI survey but insisted on non-invasive methods for the investigation.
Representing the Hindu women plaintiffs, Divan emphasized the significance of the sealed area, believed to house a Shivling, to their faith. She stated,
“The area that is sealed is of utmost sacredness to us because our case is that it has a Shivling. A survey was ordered by the trial court but the area under seal has been excluded. We will be making a request for a survey of the sealed area.”
In response, Huzefa Ahmadi, representing the mosque management committee, indicated their readiness to respond once the application is filed.
The Supreme Court also addressed a plea for cleaning a section of the mosque, where the Hindu side claims a Shivling was found. The court directed this cleaning under the Varanasi district magistrate’s supervision, acknowledging the mosque management committee’s lack of objection.
The mosque management committee’s defense heavily relies on the 1991 law, which bars altering the religious character of places of worship. Despite this, multiple legal suits are underway, including eight in Varanasi related to the Gyanvapi mosque and several in Mathura concerning the Sri Krishna Janmabhoomi-Shahi Idgah dispute.
The Supreme Court’s latest directive in the Gyanvapi mosque case represents a critical step in a series of complex legal proceedings that have ignited debates on India’s religious history and the legal framework governing places of worship. The apex court’s decision to request a formal application for the survey of the sealed area demonstrates its careful navigation of the sensitive issue, balancing legal complexities with the diverse sentiments of the involved communities. As the case unfolds, it continues to be a significant point of discussion regarding India’s rich religious diversity and the intricate legalities surrounding historical places of worship.
