AYODHYA DISPUTE: INCHOATION TO CESSATION
AN OVERVIEW OF THE AYODHYA DISPUTE
The Ayodhya dispute has been one of the most complex and long-standing legal, religious, and socio-political conflicts in India. It centers around a 1,500-square-yard parcel of land in the town of Ayodhya, Uttar Pradesh, which is claimed by both Hindus and Muslims as a site of deep religious significance.
Historical Background
In 1528, a mosque—commonly referred to as the Babri Masjid—was constructed by Mir Baqi, a general of Mughal Emperor Babur. It is alleged that this mosque was built after demolishing a pre-existing temple marking the birthplace (Janmasthan) of Lord Ram, a revered deity in Hinduism.
Between 1850 and 1885, communal riots broke out between Hindus and Muslims over the site, marking the beginning of legal and religious discord.
Legal Genesis of the Dispute
In January 1885, Mahant Raghubar Das filed the first civil suit before the Sub-Judge of Faizabad, seeking permission to construct a temple on the Ram Chabutra in the outer courtyard of the Babri Masjid complex. This suit was dismissed on 24 December 1885. The appeals filed in the District Court and subsequently before the Judicial Commissioner of Oudh were also dismissed in 1886, with the courts observing that there was insufficient evidence to establish title.
The dispute intensified in 1934, following another outbreak of communal violence.
The 1949 Incident
On the night of 22–23 December 1949, a group of individuals forcibly entered the mosque and placed idols of Lord Ram under the central dome, resulting in its desecration. This event prompted the government to declare the site disputed and place it under lock and key, while appointing receivers to manage it.
Post-Independence Legal Developments
Several civil suits were filed over the years:
1950: Gopal Singh Visharad and Paramhans Ramchandra Das filed suits seeking the right to worship at the site.
1959: The Nirmohi Akhara filed a suit seeking the management and charge of the temple.
1961: The Sunni Central Waqf Board and other Muslim residents of Ayodhya filed a suit seeking declaration of title and possession.
1989: A suit was filed by a next friend on behalf of the deity Ram Lalla Virajman and the Janmasthan (birthplace), asserting title and seeking possession.
All these suits were consolidated and transferred to the Allahabad High Court for trial.
Demolition of Babri Masjid: 6 December 1992
The situation reached a flashpoint when a mob of kar sevaks demolished the Babri Masjid on 6 December 1992, leading to nationwide riots and deepening communal divisions.
Allahabad High Court Verdict (30 September 2010)
In a 2:1 majority decision, the Allahabad High Court divided the disputed land into three equal parts:
One-third to Ram Lalla Virajman.
One-third to the Nirmohi Akhara.
One-third to the Sunni Central Waqf Board.
None of the parties were satisfied with the verdict, and appeals were filed before the Supreme Court of India.
Supreme Court Proceedings
In January 2019, a Constitution Bench of five judges, headed by Chief Justice Ranjan Gogoi, was constituted to hear the matter. The hearing commenced in September 2019 and concluded after 40 days on 16 October 2019, making it one of the longest hearings in Supreme Court history.
Supreme Court Judgment: 9 November 2019
The Supreme Court delivered a unanimous verdict:
The title of the disputed site was granted to Ram Lalla Virajman.
The land was to be handed over to a trust—Shri Ram Janmabhoomi Teerth Kshetra—to oversee the construction of a Ram temple.
The Nirmohi Akhara's claim for management rights was dismissed.
The Sunni Waqf Board was allotted an alternate five-acre plot of land in Ayodhya to construct a mosque.
The Court directed the Central Government to frame a scheme within three months for the formation of the temple trust.
Observations of the Court
The Court took note of the findings of the Archaeological Survey of India (ASI), which indicated the presence of a non-Islamic structure beneath the demolished mosque. It was also acknowledged that while Muslims had offered prayers in the inner courtyard, Hindus continued worship in the outer courtyard, reinforcing the existence of long-standing religious practices.
Conclusion
The Ayodhya verdict represents a judicial culmination of one of the most sensitive and protracted legal disputes in Indian history. While the judgment attempts to balance religious sentiments with constitutional values, it also underscores the pivotal role of the judiciary in maintaining secularism, peace, and the rule of law.
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ReplyDeleteExtravagant ��������
ReplyDeleteNice content. It will help almost everyone to know about this dispute. I will definitely share this. 😊
ReplyDeleteWhy 5 acre land to Sunni waqf board ?
ReplyDeleteBecause under art.142 constitution must ensure that a wrong committed must be remedied.
DeleteThis is the remedy being made because of the illegal demolition of property on 6 dec 1992.