The recent violence in Sambhal, Uttar Pradesh, sparked by a court-mandated survey of the Jama Masjid, brings into sharp focus the intersection of historical disputes, communal sensitivities, and the legal framework governing places of worship in India. The survey, which aimed to investigate claims that the mosque was constructed over a demolished Hindu temple in 1529, has ignited debates over the interpretation and implementation of the Places of Worship (Special Provisions) Act, 1991, alongside broader questions about historical justice and communal harmony.
The Legal Framework
The Places of Worship Act, 1991, was enacted to preserve the religious character of all places of worship as they existed on August 15, 1947, prohibiting their conversion into places of worship for another religion. The Act is seen as a legislative effort to maintain communal harmony and protect the secular fabric of the country.
However, the Act does not bar judicial inquiry into the historical and religious character of disputed sites. Chief Justice D.Y. Chandrachud recently clarified that the Act does not prevent courts from determining the original nature of a place of worship, allowing legal examination and evidence to ascertain its historical and religious identity. This distinction is significant in cases like Sambhal, where the petition alleges that the Jama Masjid was built after the partial demolition of an ancient Harihar temple.
The Petition and Survey
The survey was ordered by a local court based on a petition filed by senior advocate Vishnu Shanker Jain. The petition invoked historical claims that the Mughal emperor Babar demolished a Hindu temple at the site to construct the mosque in 1526. Proponents of the survey argue that judicial inquiry into such claims is within the bounds of the law, given the court’s authority to examine historical evidence and determine the site’s religious character.
However, critics contend that such inquiries risk stoking communal tensions and religious outrage, and may contravene the spirit of the Places of Worship Act by disrupting the status quo that the law seeks to uphold.
Ground Realities and Communal Fallout
The survey, conducted amid heavy police deployment, triggered violent clashes when a mob threw stones at officials. In an effort to contain the violence, the police resorted to what officials described as “mild force,” including tear gas and pellet guns, to disperse the crowd. The violence led to the deaths of three individuals and injuries to over 20 police personnel.
Sambhal’s district magistrate has imposed prohibitory orders under Section 163 of the Indian Citizens Security Code, 2023. These measures, effective until November 30, ban external individuals, social organizations, and public representatives from entering the district without official authorization. Violators of these orders face penalties under Section 223 of the Indian Penal Code, 2023.
Additionally, internet services were suspended across the district for 24 hours, and residents were prohibited from stocking potentially harmful materials like stones and soda bottles on their roofs. The local administration also directed the Municipal Corporation to confiscate any construction materials left on public roads to prevent their misuse.
The incident has amplified concerns about how legal actions involving religious sites are perceived and contested on the ground. While the law provides for judicial determination, the social and political repercussions of such cases often fuel communal discord, as seen in Sambhal.
The Places of Worship Act’s mandate to maintain the status quo is aimed at preventing the escalation of disputes over religious sites. Yet, its allowance for judicial inquiry into a site’s historical character can open avenues for legal contestation, especially in cases involving deep-seated historical grievances.
Manbilas Singh is a talented writer and journalist who focuses on the finer details in every story and values integrity above everything. A self-proclaimed sleuth, he strives to expose the fine print behind seemingly mundane activities and aims to uncover the truth that is hidden from the general public. In his time away from work, he is a music aficionado and a nerd who revels in video & board games, books and Formula 1.
Comments