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RAM JANMABHOOMI – BABRI MASJID DISPUTE | By Siddharth Srivastava


India, a country which professes an overt celebration of multi-culturalism suffered an indelible blot on its image on 6th December 1992. Ayodhya, a city in western UP, is considered as a pristine abode of The Hindu God Lord Rama. The prominent mention of Ayodhya in the much-venerated text 'Ramayana' provides a testament to its sacrosanctity. This piousness tampered when a mobilized group of 1,50,000-2,00,000 karsevaks (one who offers free service for a religious cause) stormed the Babri Masjid and brought it down in a few minutes. To understand this incident better, delving into historical events becomes of veritable importance.
Lores has it that Babur, the first Mughal emperor of India ordered his commander, Mir Baqi to build Babari Masjid in 1528. He ordered its construction to celebrate the conquest of Hindustan and further demolished a temple to architect Babri masjid at that place. The travel blog of Joseph Tiefenthaler between 1743-1785 establishes the fact that Hindus worshipped the location where there is the construction of the mosque, and they celebrated Ram Navami where they collected and gave offerings at the site.  Also, the akharas, especially the Nirmohi akhara, which claims to be the proprietor of the site believes the fact that there is Ram Janmasthanam below the three-domed structure.

Commencement of the dispute in the 1850s

The first recorded instances when the communal violence started in 1855 when clashes occurred between Sunni Muslims and Bairagis(followers) over the temple of Hanumangarhi contending that the Bairagis built the temple by destroying the mosque that existed atop it. The Muslims charged on the temple but were repelled and routed and took shelter in Babar's mosque. In vengeance, the Bairagis rushed to the mosque and outnumbered them. Later a three-membered commission was set up which negated the contentions of the Muslim in its entirety.
Everything was all under control until the incident of 1949, which the Muslim community observed as a 'black day'.

Black Day of 1949

From 1857 till 1949, the Muslims offered namaaz at their holy worship place until the place was desecrated by the installation of Hindu deity idols, late night of 22nd December 1949, which engendered colossal resentment within the Muslim community.  This agitation which was a local dispute was gradually morphing into a nationalistic issue with a blend and hues of a political quotient. Jawahar Lal Nehru was of the view that the idols should be removed from there immediately as it has hurt the religious emotions of the community.

Events after 1949

KK Naiyyar, the then District Magistrate, defied the orders of Jawahar Lal Nehru, by not removing the idols on the pretext that a there was stark chances of a culpable riot. An injunction was passed in 1950 restraining the removal of idols which was further affirmed by the high court in 1955. The worshipping of idols was allowed. The inner courtyard was locked, and there was a prohibition of the public from entering the disputed area. It was in the year 1961 that Sunni Waqf board filed a suit claiming the possession of the land through a civil petition. So, to consolidate it all, Allahabad HC clubbed all the petitions.
No such agitations took place until 1975. Meanwhile, Vishwa Hindu Parishad was formed to embolden the Hindu faith and beliefs worldwide. It started getting support from everywhere throughout the country.
VHP became a frontal face in the movement which supported the demolition of the structure and formation of the temple. Later, Bhartiya Janata Party also jumped the band-wagon along with VHP, RSS and were collectively known as a part of Sangh Parivar. It started organizing rath-yatras throughout the country trying to raise public sentiment and emotional urges.
The formation of Ram Janam Bhoomi Mukti Yojana Samiti in 1984 brought life to their efforts. Simultaneously, the Tala Kholo movement of VHP was initiated to spur the public and force the administration to open the locks of the gate, which continued till mid-1985.
In an order dated 1st February 1986, the district judge ordered to open the locks of the priorly locked gates. In confrontation to this, the Muslims set up their own All India Babri Masjid Action Committee on 15th February 1986. A point worth mentioning was that no member of the Muslim community from Ayodhya was a part of any committee formed for doing protests and opening locks. Ayodhya became such a city with the aura where provocative speeches and extreme emotions became ubiquitous. The Muslim community also matched the group mobilization, which the Sangh Parivar was trying to create.

Events Between 1989-1992

In February 1989, the Sants decided that the foundation stone of Ram Temple will erect on 10th November 1989. The Shila pujan will span 3-5 days in ever villages, and finally, there would be a collection of shilas throughout the nation and Maha Yagya will mark the culmination of the pujan.
Later next year, Lal Krishna Advani announced the onset of rath yatra from Somnath Temple, Gujarat on 25th September 1990 and was to reach Ayodhya on 30th October 1990. This huge procession was organized to mobilize people throughout the nation, mainly the northern part of India. This procession led to communal riots at certain places throughout the route to such a great extent that orders of the arrest of LK Advani and other leaders in Bihar.
Also, caveats were proclaimed that if there is any impediment brought in the rath yatra or the movement so organized, the country will witness an unprecedented uproar. BJP withdrew its support from Janata Dal Govt. which urged fresh elections, which further led BJP to gain power in the 1990s.
6th December 1992 was the decided date for the commencement of the mass movement. Inciteful speeches were given by LK Advani, Uma Bharti and other prominent leaders of that time in the presence of 1,50,000 - 2,00,000 karsevaks which spurred the public to rush towards the mosque. Although the security was tight, the karsevaks outnumbered the police force. The karsevaks, brimmed with communal fervor, created a frenzy and stormed the mosque heavily and brought it down the in no time.

Consequences of The Incident

This incident begot riots which witnessed the killing of more than 2000 people. It portrayed a cataclysmic upheaval in front of the whole nation. A one-person commission under Justice M.L. Liberhan was set up on 16th December 1992 to put a detailed enquiry on what were the circumstances which led to such overt large-scale riots and who were the peoples responsible for it. Later the next year the central government brought 'Acquisition of Certain Area at Ayodhya Act' on 3rd April 1993 through which the central government acquired 67.7 acres of land to maintain public harmony between the Hindu and Muslim communities.

Legal issues after the 1992 incident

In the year 2010, Allahabad HC came up with judgment, regarding the dispute on the ownership of the land and it ordered a three-way division of the disputed area between Hindu Mahasabha, Sunni Waqf Board and Nirmohi Akhara which was stayed by the SC on 9th May 2011. On 7th August 2017, a three-judge bench was formed to review the HC verdict which was further referred to a five-judge bench which started the final hearing from 6th August 2019 till 16th October 2019. The final judgment came on 9th November 2019 where SC adjudicated that the land should be handed over to the trust to build the temple and any other plot of land measuring 5 acres should be given to Sunni Waqf Board to build the mosque.
SC while giving its verdict said that the findings by the Archaeological Survey of India could not be brushed aside.  Hindus believed that the inner courtyard of the mosque was the birthplace of Lord Rama and it was an established fact that Hindus worshipped in the outer courtyard and Muslims in the inner courtyard. Regarding the ownership of the inner courtyard, no evidence by Muslims shows an exclusive possession before 1857. The believed fact that the inner courtyard was the birthplace tilted the case in their favor.

CONCLUSION-

Ayodhya, a place of reverence for many faiths for millennia also became a place of violence, bloodshed, and ill-will. It created a spot in national consciousness after the Babari Masjid demolition incident. The lesson which we can imbibe from this issue is plenty.
Politics and the power given to the politicians should be used in a productive way to serve the nation and its people. However, this incident epitomized that the negligent and malafide use of power by the leaders and prominent personalities mainly to serve the selfish interest of certain groups and cohorts denigrated the image of the country.
Judiciary handled the situation in the best way possible by maintaining peace and tranquility and dispensing justice, both simultaneously. Though the judiciary took more than 20 years to dispense justice, it gave the best decision possible of such a delicate issue and solved the dispute by the recent judgment, in the most unbiased way possible.


Siddharth Srivastava
Batch of 2023
B.A.LL.B
Law School, BHU
Email Id- sidsri0708@gmail.com




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