Incremental injustice – on Places of Worship Act, 1991

Source– The post is based on the article “Incremental injustice” published in “The Hindu” on 5th August 2023.

Syllabus: GS3- Polity

Relevance: Issues related to disputed religious structures

News– Recently, the Varanasi District Court ordered the ASI survey of Gyanvapi mosque.

What is the stand of HIgh Court and Varanasi district court on right to worship certain Hindu deities inside Gyanwapi mosque?

Both the High Court and the Varanasi District Court had ruled that the lawsuit filed by certain Hindu devotees to assert their right to worship within the mosque precincts was not prohibited by the Places of Worship Act, 1991.

The courts justified their decision by stating that the lawsuit solely sought the right to worship and did not aim to declare the building as a temple.

What are the issues related to the Varanasi District court decision for ordering the ASI survey of Gyanvapi mosque?

The worshippers have filed applications requesting a scientific survey by archaeologists to determine whether the Gyanvapi mosque was constructed on the site of a demolished Hindu temple.

Both courts have endorsed the approach of acquiring official evidence through the Archaeological Survey of India.

The High Court has rejected all objections regarding the court’s ability to seek expert evidence before framing the issues for trial and its ability to collect evidence.

However, the courts have not addressed why it is necessary to establish the date of the structure when the main claim in the suit pertains to the right to worship deities.

The request for a survey and the intention to bring up the question of an earlier structure under the mosque suggest a plan to create circumstances that would enable a change in its status.

It is regrettable that the courts are facilitating motivated litigation specifically targeting Muslim places of worship.