Table of Contents
Introduction
The article discusses the controversy around digging at religious sites to find remains of structures from other religions.
While such excavations are usually done for historical research, digging under a place of worship to prove another religion’s presence is seen as biased and non-secular.
It also explains the importance of the Places of Worship Act, 1991, which protects the religious identity of places as they were on August 15, 1947, to maintain peace.
The article criticizes actions and court orders that go against this law, emphasizing the need to avoid using history to create conflicts between communities.
Article Explanation
This article talks about a serious and sensitive issue in India where digging is done at religious places to check if remains of structures from one religion exist under another religion’s places of worship.
Normally, such excavations are carried out by archaeologists and historians to find ancient cities, civilizations, or evidence of mythological events.
These activities are neutral and scientific, aimed at learning about the past. However, digging under a place of worship to prove the presence of another religion’s structures is seen as biased and non-secular.
This is not something that happens in most parts of the modern world. The article points out the controversy surrounding a comment made in 2022 by the then Chief Justice of India (CJI), D.Y. Chandrachud, during the Gyanvapi mosque case.
He said that conducting surveys to determine the religious nature of a site might not necessarily go against the law. This comment has caused confusion and debate.
Places of Worship Act, 1991
The Places of Worship Act, 1991, is a law that was created to preserve communal harmony and prevent conflicts between religious groups.
It clearly states that the religious nature of any place of worship must remain the same as it was on August 15, 1947, the day India gained independence.
This means that if a site was a mosque, temple, church, or any other place of worship on that date, it should continue to be recognized as such.
The law also prohibits filing court cases to change the religious identity of any site or to claim ownership based on historical arguments.
At the time the law was enacted, tensions were high due to disputes over religious sites, particularly during the Ram Janmabhoomi movement.
The government wanted to avoid violence and ensure that religious sites remained as they were, protecting the peace.
Some people, however, have challenged this law in court. One argument is that the law unfairly chose August 15, 1947, as the cutoff date.
They claim this date was chosen randomly. The article explains why this is not true. August 15, 1947, is significant because it marks India’s independence, making it the most logical choice.
Choosing any other date, such as an earlier one during the Mughal era or a later one, would have left room for more disputes and claims, allowing people to fight over religious sites indefinitely. The law was designed to close such disputes and prevent them from happening again.
Another argument against the law is that it takes away judicial review, which is an important part of India’s Constitution.
Judicial review allows courts to examine whether laws or government actions are fair and constitutional.
The article clarifies that this law does not completely block judicial review. It only says that cases involving disputes over religious places should not be filed or continued.
This is a specific and limited restriction, not a complete denial of the courts’ power. Therefore, the law is in line with the Constitution.
Contreversial Court Orders
Despite this law, some lower courts in Uttar Pradesh have allowed surveys of religious sites like mosques to determine their religious identity.
These actions have led to violence, such as in Sambhal, where lives were lost. The article criticizes these court orders, saying that they are based on a misunderstanding of the former Chief Justice’s comment, which was not an official ruling but just an observation during a hearing.
According to the law, the religious identity of a place as it was in 1947 is already settled, so these surveys are unnecessary.
The article questions why such surveys are being conducted when the law clearly prohibits them and when they serve no legal purpose.
Violation of Fundamental Right
The article also explains how such actions violate the fundamental rights of religious communities. India’s Constitution gives every religious group the right to manage its own religious practices and places of worship.
Interfering with a mosque, temple, or church through surveys or excavations violates these rights.
Even if the Places of Worship Act didn’t exist, such actions would still go against the Constitution. They disrupt the right of people to worship peacefully and manage their religious affairs without interference.
Conclusion
Lastly, the article reflects on the complexity of history. It acknowledges that beneath some mosques, there may be remains of temples, and beneath those temples, there could be even older structures like Buddhist or Jain sites.
However, uncovering these layers of history should be the job of historians and archaeologists, not a means to create religious conflicts.
Using history to provoke religious hatred and divide communities is harmful and goes against the principles of secularism.
The article argues that such actions stir unnecessary tensions, spread false narratives, and harm the unity of the country.
Instead of fostering peace and mutual respect, they create mistrust and conflict among communities, which is deeply regrettable.
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