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The Asian Independent 16 - 30 Nov. 2019

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www.theasianindependent.co.uk<br />

NEWS<br />

<strong>16</strong>-11-<strong>2019</strong> to <strong>30</strong>-11-<strong>2019</strong><br />

21<br />

Ayodhya verdict incomplete without<br />

bringing perpetrators of the demolition<br />

of Babari Masjid to justice<br />

<strong>The</strong> Ayodhya verdict is out. People<br />

are interpreting it according to their<br />

positions. A one thousand page verdict<br />

will have many point and perhaps<br />

would be useful for the scholars as a<br />

research material. <strong>The</strong>re are things<br />

which make verdict the best possible<br />

solution in todays vitiated political climate.<br />

It is unambiguous that the court<br />

has been unanimous in ‘respecting’ the<br />

‘sentiments’ of Hindus. While it suggested<br />

that it would put facts over faith<br />

yet reading the judgment and listening<br />

to the justification of various points, I<br />

would suggest it is a ‘settlement’ of a<br />

case and not really a ‘judgment’ which<br />

really uphold the sanctity of the law and<br />

our secular constitution.<br />

<strong>The</strong> verdict did not even take into<br />

consideration the Buddhist claims<br />

despite the known fact that Ayodhya is<br />

saket in many old texts and that circuit<br />

from Shravasti to Sarnath-Kushinagar<br />

till Lumbini is termed as Buddhist circuit.<br />

We know that the popular opinion<br />

too influence judges and they knew it<br />

well that this judgment cant be delivered<br />

purely on ‘technicality’ and that<br />

was the reason why the court wanted<br />

mediation. <strong>The</strong>y knew it well that the<br />

situation would go out of hand if the<br />

Hindu parties lose the case and they<br />

wanted to ensure that Muslims should<br />

not be seen as ‘losing’ party and that is<br />

why while granting whole write of 2.77<br />

acres of disputed land to Hindus, the<br />

court also asked the government to allot<br />

five acres of land to Muslims to construct<br />

a mosque.<br />

Muslim party is rightly aggrieved<br />

because the judgment is not really<br />

based on supremacy of law otherwise<br />

the courts would have stood strongly<br />

against the demolition of the Babari<br />

Mosque. <strong>The</strong>y made important observations<br />

regarding the same. That idols<br />

Ram Lalla were surreptitiously placed<br />

inside the mosque in <strong>Nov</strong>ember 1948<br />

and then the demolition of the Babari<br />

Mosque on December 6th, 1992, were<br />

against the rule of the law and illegal.<br />

Indian constitution is secular but the<br />

nature of Indian state remained brahmanical<br />

to say the least. It has not happened<br />

all of a sudden. <strong>The</strong> continuous<br />

failure of the secular politicians and<br />

politics has helped the Hindutva to get<br />

legitimized and courts cant be uninfluenced<br />

and unaffected with the political<br />

climate of the country. We need not to<br />

discuss things here but a chronology of<br />

events and court’s responses on many<br />

of the issues concerning civil liberty<br />

and human rights are a matter of grave<br />

concern. In wake of the Ayodhya judgment,<br />

the court actually did not hear<br />

many important petitions during the last<br />

two months.<br />

It is a fact that such cases of faith are<br />

difficult to evaluate when the dispute is<br />

over centuries. Frankly speaking<br />

court’s are not here to decide where a<br />

God is born. It is the faith and judges<br />

being human being realize the great<br />

responsibility on them. As a nation, we<br />

have not yet matured to accept any kind<br />

of verdict. <strong>The</strong> court verdict prove that<br />

India, though is constitutionally a secular<br />

nation yet it is defecto a Hindu state<br />

and sentiments of Hindus mattered<br />

more in this judgment. <strong>The</strong>re is no<br />

doubt that courts observations are<br />

important and they have tried to analyse<br />

things in a very balanced way yet the<br />

judgment fall short of many things.<br />

I am sure Muslims as well as secular<br />

progressive liberal people would not<br />

have any issue with respecting the ‘sentiments’<br />

of Hindus who consider<br />

Ayodhya as birth place of Lord Rama<br />

but the disturbing thing is that while<br />

accepting that the incidents of putting<br />

the idols of Rama Lalla in the mosque<br />

as well as razing of the Babari Masjid<br />

in 1992 was ‘an egregious violation of<br />

the rule of law”, very little is being<br />

done to punish the guilty of these two<br />

crimes.<br />

L K Advani, Vinay Katiyar, Uma<br />

Bharti, Murli Manohar Joshi, Kalyan<br />

Singh; VHP leaders Ashok Singhal<br />

(deceased), Giriraj Kishore (deceased),<br />

Vishnu Hari Dalmia, Champat Rai<br />

Bansal; Shiv Sena leaders Bal<br />

Thackeray (deceased) and Moreshwar<br />

Save (deceased) are the main accused<br />

in the Babari Masjid demolition case<br />

along with many other BJP leaders as<br />

well as so called Car Sevaks who were<br />

present there and participated in the<br />

demolition of the historic mosque. 27<br />

years have passed since the demolition<br />

of the mosque and CBI has not been<br />

able to do anything credible in the case.<br />

<strong>The</strong> political fortune of all the<br />

accused had grown disproportionately<br />

after the demolition of Babari Masjid<br />

and BJP tasted powers not only in various<br />

states but at the center also. It is<br />

important for the Courts to assert their<br />

power in such cases and direct for a<br />

time bound trial. Supreme Court must<br />

ask the government what has happened<br />

on the trial and why is CBI unable to<br />

expedite the case ?<br />

<strong>The</strong> court’s silence and merely passing<br />

reference does not do any justice to<br />

this. If the court were speaking on the<br />

entire issue of Ayodhya dispute and<br />

then it is important for them to speak up<br />

categorically that the perpetrators of the<br />

Babari Demolition have not done anything<br />

‘heroic’ but attacked on the constitution<br />

of India and must be severely<br />

punished so that none can do such cowardly<br />

act in future.<br />

We must not forget the fact that after<br />

the demolition of the Babari Masjid, the<br />

then Prime Minister P V Narsihmarao<br />

promised the country that the masjid<br />

would be built at the same place. It was<br />

not a party promise but a promise made<br />

by the government. When the court is<br />

asking the government to expedite the<br />

temple building process, which means<br />

asking the government to build the temple,<br />

which in any secular society is not<br />

desirable then why nobody reminded<br />

them that there is a solemn promise of a<br />

government to build the Babari masjid.<br />

Though the court asked the government<br />

to provide the Sunni Waqqf<br />

Board five acres of land to<br />

build a mosque, it remained<br />

By Vidya Bhushan Rawat<br />

social and human rights activist<br />

silent on the government’s<br />

promise to the nation that<br />

Narsimharao made. If the temple is to<br />

be constructed at exchequer’s money<br />

then why not the mosque which was<br />

promised by the government.<br />

<strong>The</strong> third vital question is about<br />

future of such conflicts. Will the<br />

Ayodhya conflict end all other conflict<br />

or will it open up windows for more<br />

places. Will the court become adjudicator<br />

of the ‘birth’ places of various<br />

mythological gods. Should the court be<br />

doing this which is not their domain<br />

area ? We have thousands of mythological<br />

issues and every stone in our country<br />

has a mythological value, not necessarily<br />

historical. <strong>The</strong> Hindutva groups<br />

are not going to sit silently because now<br />

with this massive power, they will keep<br />

the pot boiling. <strong>The</strong> popular slogan that<br />

‘mandir wahi banayenge, lekin taarikh<br />

nahi bataayenge’ can not be used as<br />

Supreme Court has ordered the process<br />

of temple construction. It means that<br />

next elections of Uttar Pradesh, temple<br />

remain the major issue. Though the<br />

court has categorically said that law and<br />

order and peace are important for the<br />

construction of Ram Temple, they<br />

failed to assure the nation that this was<br />

a very special case and in future, they<br />

would warn any citizen or political<br />

goons to take law unto his hand and<br />

demolish the place of worship of any<br />

community. History cannot be undone.<br />

If Babar had demolished a mandir and<br />

built up a mosque, which was highly<br />

unlikely, then the answer is not to correct<br />

this ‘wrong’ by demolishing the<br />

masjid and making the mandir at the<br />

same place. Will the slogan, ‘ abhi to ye<br />

bas jhaanki hai, kashi, Mathura baaki<br />

hai’, ( this is just a trailer, the issues of<br />

Kashi and Mathura will be settled later)<br />

disappear now ? My opinion<br />

is that the Supreme Court<br />

should have spoken categorically<br />

that it will not allow<br />

such frivolous and disruptive<br />

activities in the name of ‘history’<br />

and ‘sentiments’.<br />

Whatever the verdict is and<br />

people are deliberating on it<br />

purely on legal basis, the responses<br />

from the Muslim community as well as<br />

common Hindus is a welcome step. If<br />

the building of Ram Temple help us<br />

resolve the bitterness between Hindus<br />

and Muslim, then we should welcome<br />

it. Fact is that attempt were made for a<br />

out of court settlement though the court<br />

appointed committee could not reach to<br />

a conclusion. <strong>The</strong> fact is the language<br />

of the judgment is balance which does<br />

not target the Hindus in harsh word<br />

though condemn the act of vandalism,<br />

at the same point of time assure<br />

Muslims their place in the country and<br />

equal treatment as per the constitution<br />

of India.<br />

Response of political parties is as<br />

usual. <strong>The</strong>y all took shelter in the garb<br />

of ‘matter’ being subjudice. Now the<br />

matter is ‘resolved’, the political parties<br />

including the Hindutva forces should<br />

now focus on issues confronting the<br />

nation. It would be good if the court<br />

appoint a committee to monitor the<br />

process and not allow political parties<br />

to use it for their ulterior political<br />

motives. Now as the judgment has<br />

come, parties might seek review of it,<br />

but if the court has to do anything, I<br />

hope they must not allow attempt to use<br />

such toxic and vitiated campaign to vilify<br />

the minorities particularly Muslims<br />

who have been at the receiving end. We<br />

know, this case had gone into such a situation<br />

that it would not have satisfied<br />

all the parties. <strong>The</strong> best part is that the<br />

court must ensure that no future incident<br />

like this should happen again.<br />

Demolishing the place of worship of<br />

any religion needs not mere condemnation<br />

but also strong action against the<br />

perpetrators of the crime. It is in this<br />

context that we hope the criminals of<br />

the Babari demolition would be booked<br />

and brought to justice. Supreme Court<br />

has a duty to ensure that this task is<br />

done in a time bound manner as they<br />

did in the case. Let the court not allow<br />

this verdict to be misused by the same<br />

forces who demolished Babari Masjid,<br />

at the other places. <strong>The</strong> court has reemphaised<br />

on constitutional values particularly<br />

its secular character and it is<br />

important now that while faith is important,<br />

the constitution also mandate us<br />

including courts, to strengthen scientific<br />

thinking, critical inquiry and humanism<br />

in our people. All this will remain a<br />

pipedream if the religious rights dictate<br />

terms and conditions to us and all institutions<br />

buckle under their combine<br />

assault.<br />

This judgment has numerous important<br />

observations by the courts and we<br />

hope, it will be useful in strengthening<br />

our resolve for a secular, plural and liberal<br />

society. India need to move ahead<br />

now, learning its lessons from the failure<br />

to protect the constitution and<br />

should not allow such things to happen<br />

again which may endanger our social<br />

fabric and rule of law. Let the legal people<br />

understand the entire verdict reading<br />

its judgment carefully and take the<br />

necessary action. If the court hear anything<br />

in this matter, it must ensure that<br />

perpetrators of the violence and criminal<br />

assault on Babari Masjid should be<br />

prosecuted as soon as possible and for<br />

that the courts would do well, to monitor<br />

the CBI court’s proceeding and<br />

direct it for necessary action. A failure<br />

on that account will make this verdict<br />

incomplete and strengthen the perpetrators<br />

of the crime who are eyeing the<br />

other such projects and are in a celebratory<br />

mode. <strong>The</strong> Court must warn them<br />

and act.<br />

Vidya Bhushan Rawat is a social<br />

and human rights activist. He blogs<br />

at www.manukhsi.blogspot.com<br />

twitter @freetohumanity<br />

Email: vbrawat@gmail.com

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