{"id":186164,"date":"2022-05-24T20:32:22","date_gmt":"2022-05-24T15:02:22","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=186164"},"modified":"2022-05-24T20:32:22","modified_gmt":"2022-05-24T15:02:22","slug":"gyanvapi-court-must-follow-law-not-faith","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/gyanvapi-court-must-follow-law-not-faith\/","title":{"rendered":"Gyanvapi: Court must follow law not faith"},"content":{"rendered":"\n

News:<\/strong> Recently, The Supreme Court has admitted petitions on the Gyanvapi mosque. At present, a controversy is raging over the Gyanvapi Mosque, which is a legacy of the Mughal emperor Aurangzeb (1618-1707).<\/p>\n

Nature of Indian Polity<\/strong><\/h5>\n

India\u2019s Constitution guarantees the principle of religious equality<\/strong> and protection of minority rights<\/strong>. As per B.R. Ambedkar, these principles will come to safeguard the interests of minorities in case India becomes a Hindu-majority independent India<\/strong>.<\/p>\n

In India, the parliamentary system <\/strong>has been adopted. The popular will<\/strong> is represented by the legislature. However, the Constitution also provides some checks on the power of legislatures and the executives.<\/p>\n

The Judiciary<\/strong> has an important role for safeguarding the Constitution.<\/strong> If elections give way to majoritarian passions,<\/strong> and can\u2019t protect the minorities, the courts, following the Constitution, will.<\/p>\n

Argument Against ongoing developments in the Gyanvapi Mosque Case<\/strong><\/p>\n

The atrocities of Aurangzeb<\/strong> were not limited to destruction of the Hindu temples. He also targeted Sikh gurus, destroyed mosques built by adversaries, killed his own brother Dara Shikoh and incarcerated his father Shahjehan.<\/p>\n

Should Aurangzeb\u2019s 17th century<\/strong> misdeeds be avenged by inflicting harm on India\u2019s Muslims today.<\/p>\n

At present, the attempts to reclaim the mosque for Hindu religious purposes<\/strong> contradicts the Constitution.<\/strong><\/p>\n

What are the challenges at present?<\/strong><\/h5>\n

At present, we live in a modern democracy<\/strong> that is based on the key foundations of popular will<\/strong> and constitutional settlement<\/strong>.<\/p>\n

At present, India\u2019s elections or popular will has been increasingly legitimating Hindu nationalism<\/strong>. For example, India\u2019s parliament has enacted majoritarian laws s<\/strong>uch as the abrogation of Article 370<\/strong> and the Citizenship Amendment Act (CAA);<\/strong> multiple state-level laws and\/or executive decrees are banning beef-eating and inter-faith marriage, among various other measures.<\/p>\n

The Indian Judiciar<\/strong>y has also not been successful in implementing its constitution-protecting role<\/strong>. For example, it has not scheduled hearings of Hindu nationalist policies or legislation like Article 370 and the CAA; and It has even approved conversion of a contested site in Ayodhya into a Hindu temple.<\/p>\n

Way Forward<\/strong><\/h5>\n

The Places of Worship Act, 1991<\/strong>, made in accordance with the Constitution, clearly says that the status of a religious place cannot be altered beyond what it was at Independence.<\/p>\n

The religious equality<\/strong> and minority protections<\/strong>, two of the fundamental principles of the Indian Constitution should be safeguarded. Therefore, Judicial interpretation must follow the law, not faith.<\/p>\n

Source<\/strong>: The post is based on an article \u201cGyanvapi: Court must follow law not faith<\/strong>\u201d published in the Indian Express<\/strong> on 24th<\/sup> May 2022<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

News: Recently, The Supreme Court has admitted petitions on the Gyanvapi mosque. At present, a controversy is raging over the Gyanvapi Mosque, which is a legacy of the Mughal emperor Aurangzeb (1618-1707). Nature of Indian Polity India\u2019s Constitution guarantees the principle of religious equality and protection of minority rights. As per B.R. Ambedkar, these principles… Continue reading Gyanvapi: Court must follow law not faith<\/span><\/a><\/p>\n","protected":false},"author":10328,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-186164","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1702942433},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/186164","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10328"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=186164"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/186164\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=186164"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=186164"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=186164"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}