India’s highest court is currently reviewing numerous petitions challenging a law that was established decades ago to maintain the original character and identity of religious sites as they were in 1947, when India gained independence. The law, enacted in 1991, prohibits the alteration or conversion of any place of worship and bars courts from adjudicating disputes over their status, except for the Babri Masjid case. This mosque, built in the 16th century, was at the center of a longstanding dispute that culminated in its destruction by a Hindu mob in 1992. A court ruling in 2019 granted the site to Hindus for the construction of a temple, sparking renewed debates about India’s religious and secular divisions.
The current petitions, including one from a member of Prime Minister Modi’s Bharatiya Janata Party (BJP), argue that the 1991 law violates religious freedom and constitutional secularism. Amidst Hindu groups filing lawsuits to challenge the status of numerous mosques, claiming they were constructed on the sites of demolished Hindu temples, opposition leaders and Muslim groups defend the law as essential to safeguarding the places of worship of religious minorities in a predominantly Hindu country. They also express skepticism about the historical evidence presented by the petitioners to support their claims.
They warn that if the law is repealed or weakened, it could lead to a flood of similar challenges and exacerbate religious tensions, particularly between Hindus and Muslims. A recent development in Rajasthan, where a court admitted a petition alleging that a Hindu temple once stood where the revered Ajmer Sharif shrine now stands, exemplifies the ongoing controversy surrounding the law.
The law, enacted in 1991, aimed to preserve the religious character of all places of worship, including temples, mosques, churches, and gurdwaras, as they were on the day of India’s independence. It was introduced by the Congress party government during a period of heightened agitation by Hindu nationalist groups, particularly the BJP, to construct a temple at the Babri Masjid site in Ayodhya. This movement sparked widespread violence, reminiscent of the religious conflicts during India’s partition in 1947.
While introducing the legislation, then-Home Minister SB Chavan expressed concerns about rising intolerance fueled by certain groups for their own interests. He noted that these groups were forcibly converting places of worship to create new disputes. Despite opposition from the BJP, which viewed the law as appeasement of minorities that would further divide Hindus and Muslims, the bill was passed with the Babri Masjid being the only exception due to its pre-independence legal challenges.
The destruction of the Babri Masjid shortly after the law was enacted underscored the challenges in preserving religious sites. In 2019, the Supreme Court ruled that the mosque’s demolition was illegal and awarded the disputed land to Hindu groups. This decision reignited debates about the law and its implications for religious harmony in India.
The ongoing legal battle over the law’s validity will determine the fate of numerous contested religious structures, particularly mosques disputed by Hindu groups. Recent incidents, such as the court-ordered survey of the Ajmer Sharif dargah in Rajasthan and the violence in Sambhal town during a similar survey of a mosque, highlight the ongoing tensions surrounding religious sites. Hindu and Muslim groups continue to clash over the interpretation and application of the 1991 law, setting the stage for further legal and social conflicts in India. También observó que la ley de 1991 no impidió las investigaciones sobre el estado de un lugar de culto a partir del 15 de agosto de 1947, siempre que no buscara alterarlo.
Muchos han criticado esto desde entonces, con el ex funcionario público Harsh Mander diciendo que “abrió las compuertas para esta serie de órdenes por parte de los tribunales que van en contra de la ley de 1991”.
“Si permites la inspección de una mezquita para determinar si hay un templo debajo de ella, pero luego prohíbes acciones para restaurar un templo en ese sitio, esto es una receta segura para fomentar el resentimiento, el odio y el miedo que podrían detonar durante años en amargas disputas entre personas de diferentes religiones,” escribió el Sr. Mander.
Los críticos también señalan que la naturaleza histórica de los sitios hará difícil establecer de manera concluyente reclamaciones divergentes, dejando margen para amargas batallas interreligiosas y violencia.
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