the land of misinterpreted faith...

The dispute over Ramjanmabhoomi-Babri Masjid, it is said, is creation of the colonial rule. It is difficult to be very sure on how far direct is the hand of the colonial rule in inventing and or sustaining the dispute between some elements from both the communities. However, there is little doubt that the colonial rule benefited from the dispute and therefore did not seem to take effective steps to see the dispute resolved. The authorities under the Colonial rule allowed the dispute over title of the land to acquire communal overtones. Whatever the former colonial masters did, or omitted to do, the post-Colonial state fared even worst in the matter. Post-Colonial State allowed the dispute over the land title to almost completely polarise the two communities. Essentially a title suit between the plaintiffs and the defendants over a piece of land was allowed to acquire religious and communal colour with competing all India mobilisations by political leadership belonging to both the communities. Even the most secular Prime Minister of the country - Jawaharlal Nehru found himself unable to resolve the dispute and / or stop it from acquiring communal colour, when he had the opportunity in 1949.

There are no two opinions that in the year 1528 a mosque was built by Mir Baqi by one of the Governors of the Mughal Emperor Babar. The Sangh Parivar maintains that this mosque was built after destroying a Ramjanmabhoomi temple, which existed on the land whereas the Muslim political leaders as well as most reputed historians of integrity insist that there is no credible proof that there was any Ramjanmabhoomi temple.

After the anti-British rebellion in 1857, the crown proclaimed that it would remain aloof and would not interfere in the religious matters of people of the Country. The Colonial power however, was often called upon to mediate disputes between communities. The Colonial State did not prove to be an honest mediator in the disputes. The state had its own axe to grind - legitimising the rule of the intruder being the uppermost. At times, the state even invented and created new disputes so that it was called upon the mediate. Ramjanmabhoomi-Babri Masjid dispute appears to one of such disputes created by the Colonial rulers. The District Gazetteer of 1905 notes that till 1855, Hindus and Muslims prayed in the same premises which is now contentious Ramjanmabhoomi-Babri Masjid site. After 1857 rebellion, an outer enclosure was put in front of the mosque and the Hindus who were forbidden access to the inner yard raised an outer platform (chabutra).

Hindu priests wanted a temple constructed on the Chabutra to be able to conduct their worship without vagaries of weather, as Chabutra was an open platform. It is not clearly known as to when and how the Chabutra came to be constructed, and whether the Chabutra was raised on a land having legal title or an usurped land adjoining the mosque called Babri Mosque.

In 1934 riots, which were triggered off by the slaughter of a cow in the village of Shahjahanpur near Ayodhya, riotous mobs demolished part of the wall surrounding the mosque and damaged the domes. However, the mosque was restored at the cost of the Government.Interestingly, there was also litigation between Shia Central Board of Waqf and Sunni Central Board of Waqf in the Court of Civil Judge, Faizabad. An inquiry was conducted the Commissioner of waqfs under the UP Muslim Wafqs Act. By judgement dated 23/3/46, it was held that the mosque was found by Babar Shah and used by members of both sects.

Till 22nd December1949, Muslims offered namaz in the Babri Masjid. However, on the night of 22nd December 1949, idols of Bhagwan shri Ramchandra were surreptitiously smuggled and installed inside the mosque. Constable Mata Prasad at Ayodhya Police Station reported the incident next day morning and the District Magistrate K.K. Nayar sent the following message to the Chief Minister and Chief Secretary by radiogram:
"A few Hindus entered Babri Masjid at night when the masjid was deserted and installed a deity there, DM and SP and force at spot. Situation under control, Police picket of 15 persons was on duty at night but did not apparently act."
K. K. Nayar, who later contested elections on the then Jan Sangh ticket, wrote in his diary:
"The crowd made a most determined attempt to force entry. The lock was broken and policemen rushed off their legs. All of us, officers and men, somehow pushed the crowd back and held the gate. The gate was secured and locked with a powerful lock brought from outside and the police force was strengthened."

The decade of 1980 will be remembered as a bloody decade with communal clashes all over the country as the issue of Ramjanambhumi was politicised and nationalised by the Sangh Parivar. The Ramjanambhumi, which had hitherto remained a dispute between some elements from both communities in Ayodhya, was taken to every nook and corner in most cities and even rural areas all over the country. The demand for which the mobilisation was aimed was to open the lock of the Babri Masjid and permit puja and darshan. After the lock was opened, the next demand was handing over the entire site for construction of Ramjanmabhumi Temple and shifting of the mosque outside panchkoshi parikrama. Legally, it was difficult to achieve this fete without the intervention of the courts and the state. The issue of title of the property, which is the main legal issue involved in the dispute pending in the courts operates against the protagonist of Ramjanmabhumi temple. For right to worship cannot be claimed as an easement on somebody else's property. So far as law is concerned, faith and belief, or even proof of place of birth of Bhagwan Ramchandra is also not a relevant issue to decide the title and / or grant right to worship. Agitational mobilisation by the Sangh Parivar was to pressurise the state and the courts to act and the pressure did work.
First the UP State acquired the place surrounding the place in the name of providing certain facilities to the pilgrims, the site on which Rajiv Gandhi laid foundation stone of the Ramjanmabhumi on in November 1990. Babri Masjid was then demolished on 6.12.92 by mobs mobilised by the Sangh Parivar. The Courts as well as the state allowed the mob to assemble in the naïve belief that the Mosque will not be touched.

Then the Union Government issued ordinance named 'Acquisition of Certain Area at Ayodhya Ordinance' on 7.1.93 for acquisition of 67.703 acres of land, including the site of Babri Masjid. The Ordinance was later replaced by an Act. The Union Government also made a Special Reference under Article 143(1) of the Constitution of India to the Supreme Court for the opinion of the Court on:
"Whether a Hindu temple or any Hindu religious structure existed prior to the construction of the Ram Janma Bhumi - Babri Masjid (including the premises of the inner and outer courtyards of such structure) in the area on which the structure stood".
The reference itself was slanted in favour of the majority community. The Court was called upon to give its opinion whether any Hindu religious structure existed prior to construction of Ram Janma Bhumi - Babri Masjid. ... The structure that stood was certainly not "Ramjanma Bhumi" but Babri Masjid admittedly constructed by Mir Baqi. The only contention of the protagonist of Ramjanma Bhumi Temple being that the same was after demolition of Janam Asthan Temple. Secondly, no time frame was prescribed for examination of existence of Ram Janma Bhumi - Babri Masjid. If the referendum had been answered in positive, the Union Government would have been compelled to hand over the entire site on which Babri Masjid stood to the Hindu litigants or a trust or association. The Supreme Court however rejected the reference as superfluous.

To summarise, admittedly, Babri Masjid was built by Mir Baqi in the year 1528 and is noted in the waqf register of Sunni Central Board of Waqf. In 1885 and 1886, the claim of the Hindu litigants was only on the Chabutra as they wanted to construct a structure to protect the devotees from the vagaries of the weather and no more. On the strength of adverse possession, the courts dealing with the dispute during the colonial period rejected the prayers of the Hindu litigants to construct any structure even on the Chabutra. The prayers were rejected even though the courts held (it is not known on what evidence) that the Masjid was built on land held sacred by the Hindus but that occurred 356 years ago on the same spot. After independence, the Hindu litigants adopted incremental approach, slowly enlarging their rights and claims with combination of surreptitious acts, agitational mobilisation and repeated applications to the court. Surreptitious acts when no legal claim left on their side. Another round of litigation on threat of agitational mobilisation. The claims were based not on the strength of title to the property but on their right to unhindered and unrestricted worship. After the idols were smuggled inside the Mosque, there was another round of litigation, which virtually ignored the title and turned the court into a receiver of the property giving the Hindus increasing access to the property as and by way of right to worship, while the Muslim community was denied the access in spite of the fact that the property was a waqf property. After the locks were opened in 1986 on the ground that there would be no problem maintaining law and order if the locks are open, the Hindu nationalist forces were emboldened even more. As they were mobilising their forces and indulging into hate propaganda, the State remained a mute bystander refusing to act and take preventive measures for maintenance of law and order. Even the courts when they had the opportunity did not act decisively and the hoodlums of Hindu nationalist forces were allowed to assemble in large numbers, ultimately resulting in demolition of Babri Mosque and construction of a make shift temple. The Courts as well as the executive rewarded those who demolished the Mosque by legitimising the "rights" acquired by force in the name of maintaining status - quo and maintaining law and order. The Central Govt. acquired the disputed site and the surrounding areas under the Acquisition Act, thus depriving the Muslim litigants of their defence or claim of adverse possession to the disputed site. The Supreme Court majority Judgement legitimised the acquisition by state in the name of maintaining public order. The litigants from the minority community, we feel, are fighting a losing battle - not because their claim to the title of the disputed site is weak or defective, but because they cannot match the power of the Hindu nationalist forces in creating law and order problem, which is material in influencing the decision making in our country. The Hindu nationalist forces have enlarged their rights and claims from Chabutra to worship on the very disputed site not because of their legitimate claim but by threatening not to obey the orders of the Court in matters of "faith".