Ramjanambhoomi – Babri Masjid Dispute

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Appeal filed in Allahabad HC against acquittals in Babri Masjid case

India, the country famous for its unity among the people in the whole world. But the dispute arose from the part of the land in Ayodhya based on the question To Whom Does the Land Belong? Hindus? Muslims? Or both? The concern is what created the huge dispute and aggression between the communities in such a united country. A disputed land brings the difference in the country of brotherhood among all the religions. It is something beyond comprehension and the confusions prevail with respect to the story behind the disputed land and to whom it belongs. The matter of dispute in a country, which is known for its pluralistic secularism is a simple land dispute between Mandir and Masjid.

This matter starts from the historical beliefs and faith of both religions. Babri- Masjid was formed on the land in the 16th century (1528) by Mir Baqi, serving under the Mughal emperor Babur. The Masjid was formed upon the Babur’s order. But the question that pops out is, Is mosque formed on the vacant land or land with previous construction? According to the Hindu belief, the site where the mosque was formed had been identified as the birthplace of Lord Ram and the location of the ancient temple of Hindus, The Ram Janambhoomi. The place was worshipped by both the communities till 1853. But in 1853, The Hindu sect, Nirmohis said that the temple was destroyed on Babur’s order to build the Babri-masjid at the same site. The first infamous incident for religious violence was recorded during the reign of Nawab Wajid Ali Shah of Avadh but the British colonial administration separated the courtyard of the mosques through the railing to avoid further quarrels. The Hindus were allowed to use the outer Court and the Muslims were to use the inner Court. This brought temporary peace and unity throughout the Country.

But later on, in the 19th century, 1885, a case was filed in Faizabad court seeking permission to build Ramchabutra (a platform) outside the mosque for worshipping but the claim was rejected.

In 1949, the idol of Lord Rama appeared inside the Mosque and both the parties filed suit in the Court. Some believe that the idol was allegedly placed by Hindu groups and some say it was found on the desecration of the mosque. This made the government declare the area disputed and lock the gates of the Mosque. Again in 1950, the suits were filed in Faizabad court for seeking permission to offer prayer in Janamsthan. The prayer was allowed but the inner courtyard remains locked but it was protested by the Muslims.

In 1959, the Nirmohi Akhara filed suit seeking possession of the site of the Ram Janambhoomi. The Sunni Central Board of Waqf also filed a suit to declare that the land belongs to the mosque and alleged that the Idol of Lord Ram was placed inside the mosque by the Hindu groups.

Despite the dispute being pending before the Court of Law for the settlement, the major steps that cause massive destruction in the country were taken by the Hindu group led by Bhartiya Janta Party leader, L.K Advani. In 1989, the case was filed to shift the mosque somewhere else and the foundation of Ram temple was laid down by the Vishwa Hindu Parishad(VHP) next to the mosque. Few tried to solve the matter through negotiation but failed to do so as the stress between the parties increased.

In 1991, the Rath Yatra organized by BJP leaders from Somnath, Gujarat to Ayodhya to mobilize people for Ayodhya movement. The rally was organized by a large group of Hindu activists of the Vishwa Hindu Parishad with a population of 1.5Lakhs known to be Karsevaks on 6th of December, 1992. The situation was under control until the Karsevaks reached near the mosque, and suddenly the issue sensitized with slogans and exchange of words. This voice led to the destruction of the mosque as one by one, all the three domes of mosques were destroyed by the mob that led to the destruction of the Babri-mosque of the 16th Century. Its consequences led to massive communal riots between both the communities. The destruction from the riot was so extreme that 2000 people were killed in the riot. The riot between the communities not only limited to Ayodhya but it was spread across the entire Country. The Country known for its fraternity, Unity, and Secularism witnessed undesired destruction. Not only India but also the neighboring countries like Pakistan and Bangladesh also got influenced by this incident and resulted in oppression and violence against Hindus in those countries. It is recorded as the most deadly riot in the Country. All these happened because of the divergent but complete faith and beliefs of both the religions which were wrongly projected to people by the then political scenario. Before all these surveys, the bloodshedded communal riot left everyone in shock.

After these deadly riots, Vishwa Hindu Parishad again reaffirmed their commitment to the formation of the temple and on the anniversary of the deadly riots again the conflict brewed between the parties but the situation was under the control of the Government.

The government has finally taken action on the disputed land and the survey was conducted by the ASI to find whether Mandir has existed before the formation of the Babri Mosque and its formation leads the demolition of the Mandir? These questions arose on everyone’s mind and the reports of ASI show the evidence for the existence of the temple on the site under the mosques. The archaeological department has also found that the underlying structure of the mosque was not Islamic and the presence of Sita Rasoi and Bhandaar and Ram Chabutraalso were recorded as Evidence. Still, ASI was unable to establish the fact that the Temple was destroyed to construct the mosques. The belief and faith of Hindus increased on Ram Lalla’s birthplace after the finding reports were presented by ASI. But it can also not be disputed that the mosque was also present there since the 16th century.

The case was presented before the Allahabad High Court. Now The question took a new form with the ASI report affirming the presence of the temple under the mosques but what about the Muslims who offered Azaan inside the Mosque since 16th Century. The Court considered both religious perceptions and gave a compromising judgment in 2010. The disputed land of 2.77 Acre was divided into three parts: one-third part was given to Nirmohi Akhara, another one-third for the construction of the temple and the rest one-third to the Mosques. The outer Courtyard or open area was given to Nirmohi Akhara as it was recorded as a worship place for Hindus. The central dome which was destroyed was recorded as the exact birthplace of Lord Rama through religious beliefs and faiths and thus the same was given to Hindus and the inner courtyard was given to Muslims. Through this judgment, the land was divided in the ratio of 2:1. In case of any grievance, a minor adjustment would also be granted by the Court to the affected party and the separate entries to the disputed land. These judgments was given to maintain peace and security over the entire Country and reinforcing the same brotherhood between all the religions that had and is existing throughout the country.

But again in 2017, all three parties appealed before the Supreme Court against the judgment of the Allahabad High Court and demanded to declare the entire disputed land either on Hindus favor or to Muslims. The Supreme Court stated that the matter was sensitive and may solve outside the Court with an amicable solution for both parties.

Later on, the Supreme Court has set up the five-judge bench to hear the Land disputes and started a fresh hearing of the case. On the 9th of November, 2019 the five-judge bench has given a final landmark judgment on these long term land disputes. The entire disputed land of 2.77 acres was given to Ram Lalla for the construction of Temple because Ayodhya was never the Islamic structure according to the ASI report. The beliefs and faith of Hindus over the land as the birthplace of Lord Rama cannot be disputed. Respecting the beliefs of Muslims on the established Babri mosque since 16th Century, 5-acre alternative land was given for the construction of the Mosque. This historical judgment of the Supreme Court again brings unity among the entire Country while uniting both religions with the brotherhood as the Mandir and Masjid, both will be constructed at the same place in Ayodhya. We can proudly say that our country always belives in secularism and protects all religions. Our Country respects every religion and provides every person to live with dignity.

Edited by Pragash Boopal

Approved & Published – Sakshi Raje

Mohita Yadav
I am Mohita Yadav pursuing BBA. LLB(Hons.) at The ICFAI university, Dehradun. I am dedicated law student who learn through analysing. My basic interest is in field of contract law and constitutional law as no law in land is above the constitution. I love to do research on facts behind religious myth. I believe in intellectual work greatly inspired by Chanakya. At my free time, I like to spent my knowledge as it helps me to memorize and also motivate others. Not the least but I give best of my skill as I know a man is great by his deeds.