GYANVAPI mosques and places of worship act. Flashcards
Why in News?
On May 12, 2022, the Varanasi court, in a landmark judgment on the Gyanvapi mosque, refused to remove advocate commissioner Ajay Kumar Mishra, who was appointed for the survey of the mosque, and ordered a survey of the basement of the Gyanvapi mosque before May 17.
Key points.
It is a popular belief that the Gyanvapi Mosque was built in 1669 by the Mughal ruler Aurangzeb by demolishing the ancient Vishweshwar temple. It is worth mentioning that in Saqib Khan's book 'Yasir Alamgiri', it is also mentioned that Aurangzeb had demolished the temple in 1669 by ordering Governor Abul Hassan. The case of Gyanvapi mosque has been in court since 1991, when three persons, including Pandit Somnath Vyas, a descendant of the priests of the Kashi Vishwanath temple, filed a suit in the court of the civil judge of Varanasi claiming that Aurangzeb had demolished the temple of Lord Vishweshwar and built a mosque on it so that the land should be returned to them. On August 18, 2021, in the same court in Varanasi, five women had filed a petition demanding to worship in the temple of Mother Makeup Gauri, accepting which the court constituted a commission to know the present status of the Makeup Gauri Temple. In this context, the court had asked the court to give the survey report by videographing the idol of Makeup Gauri and the Gyanvapi complex, which has created an uproar, as questions were raised on the impartiality of the court commissioner appointed by the Muslim side for the survey. Vijay Shankar Rastogi, appearing for the Hindu side, has submitted a map of the entire Gyanvapi complex as evidence in the court, which mentions the temples of Hindu-deities around after the entrance of the mosque, as well as the Vishweshwar temple, Gyankoop, the big Nandi and the basement of the Vyas family. There has been a controversy over the survey and videography of this basement. At the same time, the Muslim side says that no decision can be given on the dispute under the Religious Places Act of 1991. Under Section 3 of the Places of Worship (Special Provisions) Act, 1991, it is prohibited to convert a place of worship, even its clause, into a place of worship of a different religious denomination or a different class of the same religious denomination. Section 4(2) of the Act states that all litigations, appeals or other proceedings relating to changing the 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. However, if the change in the nature of the place of worship has occurred after the cut-off date of August 15, 1947 (after the act came into force ), legal action can be initiated in that case. The disputed site of Ayodhya (Ram Janmabhoomi-Babri Masjid) was exempted from the Act.
Gyanvapi mosque dispute.
The Supreme Court has directed the District Magistrate of Varanasi to ensure the protection of the area where a Shivling has been reportedly found while ordering that Muslims should not be restricted from accessing the Gyanvapi mosque to offer namaaz.
“We are not disturbing anything but holding everything in balance,” said Justice D.Y. Chandrachud while passing the interim order.
Earlier, a team carrying out the court-mandated videography survey of the Gyanvapi Mosque claimed to have found shivling inside the mosque’s premises.
India Today quoted Lawyer Vishnu Jain saying that the team found a shivling inside the well, 12 feet by 8 inches in diameter. At the same time, Advocate Madan Mohan Yadav claimed that the shivling is Nandi faced.
ASI survey.
The survey comes after a civil court in Uttar Pradesh directed the Archaeological Survey of India (ASI) to survey the Gyanvapi mosque in Varanasi on 8 April 2021. The survey will find out whether the Gyanvapi Mosque stands on the temple’s ruins or not.
The court also directed the UP Government to bear the cost of the survey, having two members of the minority community. The petition was opposed by the Anjuman Intezamia Masjid (AIM), the Gyanvapi Mosque Management Committee.
The devotees of ‘Swayambhu Lord Vishweshwar’ claim that the temple was demolished in 1669 on the orders of Mughal emperor Aurangazeb, and the Gyanvapi mosque stands on its ruins. The devotees want the land restored for Hindus to construct the temple
Insteructions to ASI.
1.The team must adequately preserve the artefacts during the survey.
2- During the survey, the committee must ensure that the Muslims are not refrained from offering namaz at the Gyanvapi Mosque. However, if the same is not practical due to the survey work, the ASI must provide an alternative place to offer namaz within the mosque’s precincts.
3- The committee must ensure that both Muslims and Hindus are equally respected, keeping in view the sensitivity of the said matter.
4- The committee must submit its report in a sealed envelope to the court without any delay. The next hearing of the case is on 31 May 2021.
Background.
In 1984, around 558 Hindus gathered in Delhi for the first religious parliament. They decided on a nationwide call for Hindus to lay claim to the Holy shrines situated in Varanasi, Mathura and Ayodhya. Following the Ram Janma Bhumi-Babri Masjid dispute in 1990, the movement gained strength. While the call was to lay claim on some 3000 mosques in the places mentioned above, the Hindu religious groups focussed on two mosques– (1) Shahi Idgah mosque, adjacent to Lord Krishna temple in Mathura (2) Gyanvapi mosque, adjacent to Kashi Vishwanath temple in Varanasi.
Places of Worship (Special Provisions) Act, 1991
The Act prohibits the conversion of any place of worship. It provides for the maintenance of the religious character of any place of worship as it existed on the 15th of August 1947. It extends to the whole of India except the state of Jammu and Kashmir.
Bar of Conversion of places of worship SEC-3 OF THE WORSHIP ACT.
The Act states that no person shall convert any place of worship or worship of any religious denomination into a different section of the same religious denomination or another religious sect.
Declaration on the religious character of certain places of worship and bar of jurisdiction of courts, etc. SEC-4 AND 5. SEC-4(MAIN CRUNCH OF THE ISSUE).
1- The religious character of a place of worship on 15 August 1947 shall remain the same as it existed on the previous date.
2- If any suit, appeal, or other proceeding w.r.t. conversion of the religious character of any place of worship is pending before any court, tribunal, or other authority, the same shall abate. Also, no suit, appeal or different proceeding w.r.t. to the matter above shall lie in any court, tribunal or other authority after the commencement of the Act.
3. Nothing mentioned in sub-section (1) and sub-section (2) shall apply to the following:
a- Any place of worship which is an ancient and historical monument/ an archaeological site/ is under the Ancient Monuments and Archaeological Sites and Remains Act, 1958/ under any other law for the time being in force.
b- Any suit, appeal or other proceeding w.r.t. matter mentioned in sub-section (2), finally decided, settled or disposed of by the court, tribunal or authority before the commencement of this Act.
c- Any dispute related to the said matter settled by the parties before the commencement of this Act.
d- Any conversion of any such place is effected before this Act’s commencement by acquiescence.
e- Any conversion of any such place effected before the commencement of this Act is not liable to be challenged in any court, tribunal or other authority being barred by limitation under any law for the time being in force.
- Act will not apply to Ram Janma Bhumi-Babri Masjid
Nothing mentioned in this Act will apply to Ram Janma Bhumi-Babri Masjid situated in Ayodhya in the State of Uttar Pradesh and to any suit, appeal or other proceeding relating to it.
Punishment under the Act
1.If any person contravenes the provisions of section 3 of this Act, he shall be punishable with imprisonment for up to three years and shall also be liable to a fine.
2- If any person attempts to commit any offence or cause the execution of any crime, it is punishable under sub-section (1) but does not act towards the commission of the offence shall be punishable with the punishment provided for the crime.
3- If any person abets/ is a party to a criminal conspiracy to commit an offence under the sub-section (1), anything contained in section 116 of the IPC (45 of 1860) will be punishable with the punishment provided for the offence.
SOME ACTS
ARCHAEOLOGICAL and REMAINS ACT, 1958. Makes this act override over all other acts.
CHALLENGES.
- law is in contravention to the principles of secularism.
- barred the remedies against the violation of fundamental rights.
- barred judicial review which is a basic feature.
- maintainence of the date of status quo.
VALIDITY OF THE act as been upheld in AYODHYA CASE.
- TO MAINTAIN THE SECULAR CHARACTER OF THE STATE
- commitment to equality.
- preventing present and future generations from suppression and oppression.
- measure to develop peace and harmony.
