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October 16, 2010

Historians and activists deplore Ayodhya verdict

The Times of India
TNN, Oct 16, 2010, 03.02am IST

NEW DELHI: In the first civil society response in the capital to the Ayodhya verdict, eminent historians and activists deplored the "disturbing absence of the concept of secularism" in the lengthy judgment. They said the judgment read as though the judges had penned the verdict in a pre-Constitution era.

Calling the verdict a "judicial reconstruction of faith" rather than interpretation, advocates noted that the judges, far from upholding the principles of a secular state, made the law subordinate to faith. "The word and concept of secularism is completely missing," said advocate Anupam Gupta, who briefed the media on behalf of the activists, academics and advocates who had met on Friday.

Signatories to the statement include academics such as K N Panikkar, Uma Chakravorty, K M Shrimali, Zoya Hasan, Nandini Sundar and activists such as Harsh Mander and Syeda Hameed.

"Belief won over facts. Swami Vivekananda, an orthodox Hindu, the inspiration of millions, never once spoke of Ram janambhoomi. Now, within the Allahabad-bench's non-secular approach to the judgment, a second question is raised. How do you interpret the faith?" said Gupta. The judges imposed the "belief of some Hindus" on the verdict, he said, resulting in "imagination" —- in the guise of judicial interpretation —- of what the Hindu faith is.

The verdict, it was forcefully felt, sets a dangerous precedent as upholding a section's "beliefs" can also be used as an excuse to target vulnerable groups such as dalits and women. The very manner in which the judgment was approached, it was felt, showed that perceptions were placed over facts.


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