The Supreme Court of India has recently refused to halt a “scientific survey” by the Archeological Survey of India (ASI) to ascertain whether a 17th-century mosque was erected over a pre-existing Hindu temple. The Gyanvapi Mosque, which is in Varanasi, Uttar Pradesh, is said to have been constructed following the demolition of a Hindu temple. It’s claimed that a section of the temple still forms the rear wall of the mosque here. This investigation originates from a petition filed by five Hindu women in August 2021, who sought the right to worship Hindu idols situated inside the mosque complex.
A three-judge bench, composed of the Chief Justice of India, DY Chandrachud, and Justices JB Pardiwala and Manoj Misra, rejected an appeal against the survey on August 4, thereby allowing the ASI survey to go ahead. A bench of the SCI had previously ruled that the Act of 1991 doesn’t prohibit the determination of the religious character of a place of worship. The Places of Worship (Special Provisions) Act, 1991 is currently under challenge before the top court in at least two different petitions.
The Supreme Court, in its August 4 order, reaffirmed the safeguards introduced by the High Court concerning the methodology of the scientific survey. They instructed the ASI to conduct its survey using “non-invasive methodology”. The findings are to be submitted in a sealed cover to the Allahabad High Court to prevent public discourse over any unwarranted disclosure of the results.
Notwithstanding the Act, legal battles over the mosque’s origins date back to 1991, when petitions were lodged by Hindu priests. This particular legal dispute holds significant political implications, with the Bharatiya Janata Party welcoming the decision of the High Court, asserting that the survey will reveal the “truth”. The dialogue around the mosque’s origins has been going on for decades in Indian historical and political circles.
Judgments regarding this issue have elicited questions about whether the courts are stirring up political debates by encouraging such motivated litigation as noted here. These cases are seen by some as an attempt to rectify historical injustices, while others fear they are opening old wounds, threatening the country’s secular character. What’s clear, however, is this dispute is shaping up to become a significant national political issue in India, akin to the contentious Babri Masjid dispute.
The original reporting of this news story can be viewed here.