The Hindu: Published on 27th Nov 2024:
Why in News?
The 16th Century Jama Masjid in Sambhal is under dispute following a petition alleging it was built over an ancient Hari Har Mandir. The controversy gained national attention due to its resemblance to similar disputes like the Gyanvapi mosque in Varanasi, the Eidgah Masjid in Mathura, and others. Violence during a survey related to the case has escalated tensions.
The Story So Far:
Petition Filing: Filed on November 19, 2023, alleging that the mosque is built on a temple site.
Survey Orders: A court-ordered survey sparked communal tensions.
Violence: A second survey on November 24 turned violent, leading to allegations of police firing and five deaths, including teenagers. The police denied using firearms, citing lathi-charge as their response.
Mosque’s History:
Built in 1528 by Babur’s general, Mir Hindu Beg.
It is one of three mosques constructed during Babur's reign, alongside Panipat Mosque and Babri Masjid.
Historically attributed to Babur or the Tughlaq era.
Hindu beliefs connect it to an ancient Vishnu temple, with Kalki, the tenth avatar of Vishnu, believed to descend in Sambhal.
How Dangerous Are Such Disputes?
Communal Harmony: Incite communal tension in previously peaceful areas.
Reopening Past Conflicts: Similar to the Ayodhya and Gyanvapi disputes, they risk revisiting historical grievances.
Violence: Loss of life and property, as seen in the recent incident.
Legal Challenges: Undermines existing laws like the Places of Worship Act, 1991.
Polarization: Heightens religious and political polarization.
The Places of Worship Act, 1991:
Provisions:
Maintains the status of all places of worship as of August 15, 1947.
Prohibits conversion of religious places.
Exempts the Ayodhya Ramjanmabhoomi case.
Objective: To prevent new disputes and ensure communal harmony.
Challenges: Multiple petitions in the Supreme Court question the Act's validity, arguing for exceptions or reinterpretations.
Common Threads with Other Disputes:
Ayodhya, Gyanvapi, and Mathura: Similar claims of mosques built over ancient temples.
Legal Strategy: Petitioners like Hari Shanker Jain are common across disputes.
Cultural Symbolism: Historical and religious significance of these sites often becomes the focal point of larger communal narratives.
This controversy highlights the critical balance between respecting historical legacies and maintaining communal harmony under the framework of legal and constitutional provisions. The court’s handling and societal response will set important precedents for similar cases.