Babri Mosque: Ayodhya Judgement Unjust - message from NAPM
Ayodhya Judgement Unjust:
An Assault on the Secular
Fabric of the Constitution
13th Nov, 2019: The
National Alliance of People’s Movements condemns the ‘unanimous’ verdict
by the 5-judge Bench of the Supreme Court in the Ayodhya matter. The
judgement, instead of holding accountable before law all those who criminally
demolished the 450 year old Babri Masjid has rewarded the violators. The
judgement legitimizes majoritarianism and mobocracy and strikes at the very
secular fabric of our Constitution. Full of contradictions, the verdict only
pays sermons to the values of equality and fraternity, but ends up violating
these very principles in its relief.
The judgement also does not pass the test of logic.
Despite the Court stating at the outset of the hearing that the judgement in
the matter of title dispute would be pronounced based on facts and not faith,
the final judgement has ended up privileging faith in a disproportionate way
and opening a dangerous flood gate. On the one hand, the Court upheld that a
masjid stood at the ‘disputed site’, that there was no evidence of a temple
below the mosque (the Court accepted presence of a non-muslim structure), that
idols were unlawfully sneaked into the mosque in 1949 and that the mosque
itself was unlawfully demolished in 1992. However, on the other hand, while
issuing directions, the Court ordered that a temple be constructed at the very
site of demolition of the mosque, which not only defies logic but is also a gross
abuse of the due principles of law and natural justice. To camouflage this, the
Court directs that 5 acres land be given for ‘rehabilitation of the mosque’.
There is no clarity as to the legal and constitutional basis for arriving at
such a decision !
The invocation of Article 142 of the Constitution
in this context would infact give rise to many new challenges in the future.
This was a clear title suit where the Uttar Pradesh Sunni Central Wakf Board
was agitating for its legal rights and the question was not about ‘finding
alternative land for the mosque’. The judgement conveys an impression to
muslims that despite being equal citizens of the country, their rights are not
equal before the law. This is an extremely worrying message from the highest
court in today’s times when muslims are already being targeted and marginalized
in many ways. It is as if the Court is granting them a favour by offering the
land. Further, granting the land (beneath the mosque) as a legal right to the
same party which demolished the mosque is a historical insult to the values and
principles enshrined in the Constitution.
Another unprecedented and unconstitutional aspect
of the judgement is addressing the two sides as ‘Hindu’ and ‘Muslim’ which is
clearly in violation to the secular character of the state and can prove quite
dangerous. There were no parties with these names before the Court. The Uttar
Pradesh Sunni Central Waqf Board was a petitioner representing that specific
disputed land (and not the entire Muslim community of the country). Nor is ‘Ram
Lalla Virajman’ (on behalf of Vishwa Hindu Parishad) a representative body of
all Hindus.
Despite the verdict mandating that the
central and state government must strictly implement the Places of Worship
(Special Provisions) Act, 1991 which stipulates maintenance of status quo on
the character of disputed sites as it existed in 1947, the judgement sets in
motion a very dangerous precedent of allowing majoritarian faith over facts.
Based on this, any community / sect can use their faith to contest the
ownership of any structure and forcibly take over and demolish it by vicious
campaigning and support from highest powers of state machinery. And it is no
exaggeration to state that in the delicate circumstances that our nation is in
today, the majoritarian political and religious forces would fully abuse such a
judicial precedent and indulge in persecution of minorities.
Be this as it may, the ‘Ayodhya matter’ itself is
far from resolved and accountability is yet to be fixed on those who indulged
in the criminal act of demolition. There are many unanswered questions. What
happened of the Liberhan Commission’s Report? Why has the CBI been dragging its
feet even 27 years after the demolition ? Why haven’t the perpetrators of the
crime been prosecuted and brought to justice ? Within days of the verdict, we
also observe that the All India Hindu Mahasabha has now written to the Prime
Minister and Home Minister to withdraw all cases against the karsevaks
responsible for the Babri demolition !
It is also a harsh reality that the political
leaders, party and their violent affiliates who were behind the ‘Rath Yatra’
and demolition of the masjid in 1992 and the Gujarat pogrom of 2002, are in
power in the centre and the state, to who the Apex Court’s verdict hands over
the ‘disputed land’ on a platter despite admitting that they were guilty of
criminal acts. Ironically, these communal elements are now preaching to others
that the ‘bitter past must be left behind’ in the interest of a ’new India’,
seeking peace and brotherhood ! With a combination of draconian measures
including the abrogation of Article 370 and lockdown of Kashmir for over 100
days, the communal criminalization of Triple Talaq, the proposed Citizenship
Amendment Bill and proposals to extend the NRC across the country, the present
verdict not only emboldens and encourages these powers but also gives them
legal sanctity in the pursuit of their ‘Hindu Rashtra’ project.
If the Apex Court was of the view that such a
judgement was the ‘need of the hour to let peace prevail and move ahead’, the
judgement should have said so, in so many words that it was depriving one party
of their rightful ownership of the disputed site for pragmatic reasons, placing
the imposed ‘compromise’ on record and acknowledging the sacrifice expected of
the Muslim community. Without such an express acknowledgement, it would be very
unjust to call this decision, justice.
We demand that the Supreme Court reviews this
faulty judgement within the framework of the Constitution and decides it again
on the basis of fact, law and logic and not on the basis of ‘faith’. This is
important since this is not just the case of one ‘disputed religious site’, but
is necessary to ensure that hate-mongering elements do not get an opportunity
to carry forward their divisive agendas and violate the Constitution. We
also demand that the state stop registration of false cases and persecution of
anybody who critiques this judgement on the basis of law and logic. All those
responsible for the criminal act of demolition must be brought to book at least
now.
We hope that in this challenging climate of
struggle for justice, the common citizens of the country and in particular,
people belonging to both Hindu and Muslim faiths maintain peace. Democracy-loving
citizens and groups need to be ever vigilant to ensure that in the garb of
‘temple construction’, there is no further hate and bloodbath. At a time when
the very right of citizens to question, reason and expression are trampled upon
and all dissent is termed as anti –national, we must be on our toes to defend
our democracy.
NAPM deeply appreciates the courage and
peace-loving nature of the common masses, in particular the Muslim community
and resolves to stand by them in these trying times. NAPM commits itself to
fight alongside those who are wronged and continue its collective struggle for a
just society based on peace, equality, reason, freedom, liberty and fraternity.
Let to organize to save our country from right-wing
majoritarianism and strive to ensure that the values of the
Constitution as well as the aspirations of Gandhi, Ambedkar, Maulala Azad, Bhagat
Singh, Periyar, Shubash, Phule, Savitribai, and others are kept alive.
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