Babri Masjid Ramjanmbhoomi Dispute: Need for Justice
Ram Puniyani
After
the long wait, the Supreme Court Chief Justice J.S. Khehar opined that
long pending dispute of Ram Janmabhoomi-Babri Masjid should be settled out of court.
(March 2017) He even offered to mediate himself in the matter.
Uniformly most of the spokesperson from RSS Combine welcomed the move,
while large number of Muslims and other elements have been surprised as
the Court was approached for justice and not or compromise formula.
This
is in the backdrop of the judgment of Lukhnow branch of Allahabad Court
(2010). As per this, the three judge bench had said that the land
should be divided into three parts. As
such the judgment was an exercise of sorts trying to do a balancing act
between all the parties involved, Ram Lalla Virajman, Nirmohi Akhada
and Sunni wakf board. The title of the land has been divided into three
each sharing one part. Also court had declared since Hindus believe that
the ‘birth place’ of Lord Ram to be below the place where the central
dome of the mosque stood, that place should be allotted to Hindus. In
response RSS chief in a jubilant mood had proclaimed that now the path
for a grand Ram temple has been opened at the site and all the parties
should cooperate in this “national” work.
For
larger sections this judgment came as a matter of dismay. The Babri
Mosque has been there from last nearly five hundred years and it was in
possession of Sunni Waqf Board. The dispute was created in nineteen
century. In 1885 even the court denied Hindus to build shed on the
platfor outside the mosque. It is after the forcible installation of Ram
Lalla idols (1949) that the matters went in an adverse way. Through a
conspiracy the idols were installed and despite the insistence of Pundit
Jawaharlal Nehru, the then Prime Minister of India, the UP
administration did not comply. The gates of the masjid were sealed. It
was in 1986 that Rajiv Gandhi, the then Prime Minister, got the doors of
the Masjid opened under the intense pressure of Hindu Right wing forces.
Lal
Krishna Advani took up the issue from VHP, which was agitating for Ram
Temple so far. With Advani, the President of BJP taking up the issue its
political impact started deepening and widening at the same time. It
was made the major polarizing issue around which consolidation of Hindu
vote bank began. The mobilization for Rath yatra planned for the temple
movement became much more in the aftermath of Mandal Commission
implementation. Those who opposed reservation for OBCs came forward in
large numbers in the mobilization for Ram Temple.
While
BJP did not show direct opposition to Mandal commission, it converted
the opposition in to the Ram Temple issue. Mandal versus Kamandal (Holy
water pot, Religiosity), is how some framed it.
This
issue came up to torment the delicate thread of peace prevailing in the
society. The culmination this campaign was in the form of demolition of
the Babri Masjid. In the demolition RSS combine mobilized large section
of people and Narsimha Rao colluded. While local administration
collapsed, Kalyan Singh of BJP, who was then Chief Minister of UP,
facilitated the assembly, which was to demolish the mosque. He did this
despite his promise to Supreme Court that he will protect the mosque.
Narsimha Rao who locked himself in his Puja room as the mosque was being
demolished later promised that it will be built precisely at the same spot.
The
matters took the turn for the worse as BJP led team of
‘archeologists-Kar Sevaks’ tried to prove that there are remnants of Ram
Temple below the mosque. Archeologically this is not tenable. That
there was no convincing proof of Ram Temple underneath becomes clear
from the fact the High Court Bench had to resort to ‘faith of Hindus’ to
allot 2/3 of the land to Hindu groups. The demolition of Mosque might
have been the biggest crime in India and that was well planned. Despite
that the leaders of demolition squad have not been punished so far.
Liberhan
Commission did point out the nature of underlying conspiracy but
unfortunately the Commission report took long to submit its report. To
add salt to the injury Advani and company became stronger after this
crime against the nation. The demolition also unleashed massive violence
against Muslims, particularly in Mumbai, Bhopal and Surat along with
other places. The guilty of this violence have also been let off totally
or with minor reprimand.
Courts
are made for justice. Here, in the matter of this dispute the ownership
of the title has been the real issue. The High Court based itself more
on ‘Faith’ than the records of ownership of the land. The Supreme Court
as the highest legal body needs to see the total issue from legal angle
and needs to set right the wrongs done so far. Only concrete legal
aspects should determine the outcome of the case. Instead to call for
compromise out of Court in present circumstances is overlooking the
aspect of justice. In out of Court settlement already the Hindu groups
have said that Muslims should leave the place for Ram Temple and another
suitable land will be given to them for mosque. The two sides are not
evenly balanced as far as their power is concerned.
There
are threats from the likes of Subramanian Swami, BJP MP, and others
that if Muslims don’t give up their claim, the bill will be brought
through Parliament once BJP has bigger strength. Whatever that be
threats of this type are immoral, all parties should be given justice.
Already there are claims on so many Mosques to convert them into
temples! In the out of Court settlement, the Hindu nationalists are more
assertive and dominant while the representatives of Muslims are being
pushed into a corner that does not augur well for the health of our
democracy. Effort to revive issue of other mosques is unwarranted and
intimidating to minorities. That needs to be stopped.
