Context:
At least four people have been killed and numerous others injured in the violence that has erupted in Sambhal, western Uttar Pradesh, since a district court ordered a survey of the Shahi Jama Masjid.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Sambhal Mosque Dispute Overview
- Court-Ordered Surveys and Community Response
- Historical Context of Jama Masjid
- Legal Context of Jama Masjid, Sambhal
- Broader Implications of the Sambhal Mosque Dispute
- Conclusion
Sambhal Mosque Dispute Overview
Petition and Claims:
- A legal petition asserts that the 16th-century Jama Masjid in Sambhal was originally an ancient Hari Har Mandir.
- The petitioners have called for surveys to establish the site’s historical and religious background, reflecting similar disputes in other Indian cities.
Legal and Cultural Sensitivities:
- The mosque is a protected monument under the Ancient Monuments Preservation Act, 1904, and recognized by the Archaeological Survey of India (ASI) as a Monument of National Importance.
Court-Ordered Surveys and Community Response
Initial Survey:
- Conducted without incident, involving local officials and mosque committee members.
Second Survey and Conflicts:
- Tensions escalated during a second survey, culminating in violent clashes triggered by the presence of a petitioner and vocal crowds.
- Allegations of police misconduct arose, with accusations of excessive force leading to casualties, which the police contested.
Local Allegations:
- Rapid court action on the survey post-petition, perceived as overlooking procedural checks.
- Concerns about the survey’s timing, suggesting an infringement on the opportunity to appeal.
Historical Context of Jama Masjid
Construction Background:
- Built during Babur’s reign, possibly by Mir Hindu Beg, showcasing early Mughal architectural influences.
- Jama Masjid is one among three mosques erected during this era, alongside those in Panipat and the controversial Babri Masjid.
Architectural Details:
- Positioned centrally in Sambhal on a hill.
- Features include a prominent square mihrab hall with a dome surrounded by arches, constructed from stone masonry and plaster.
Repairs and Historical Debates:
- Repaired during the reigns of Mughal Emperors Jahangir and Shah Jahan.
- Discussions among scholars about potential Tughlaq-era foundations with subsequent modifications by Babur.
Cultural Significance and Controversies:
- Hindu local lore suggests the mosque might include elements from a Vishnu temple, a site prophesied to be linked to the descent of Kalki, Vishnu’s tenth avatar.
Legal Context of Jama Masjid, Sambhal
Application of the Places of Worship Act, 1991:
- This Act is central to the dispute, aiming to maintain the religious character of places of worship as it was on August 15, 1947, except in the Babri Masjid case.
- Section 3 prohibits converting any place of worship from one religious denomination to another, underscoring the law’s role in preserving religious status quo.
Challenges to the Act:
- The Sambhal petition challenging the mosque’s religious character could be seen as contravening the 1991 Act’s stipulations.
- Discussions have arisen around comments made by Justice D.Y. Chandrachud in 2022, which suggest that determining a site’s religious character might not necessarily conflict with the Act’s provisions.
Pending Supreme Court Litigation:
- Several petitions questioning the Act are currently under Supreme Court review. These include other contentious site claims in Varanasi, Mathura, Dhar, and now Sambhal, reflecting a broader legal and social reexamination of the Act.
Broader Implications of the Sambhal Mosque Dispute
Legal Precedents:
- The outcomes of these cases could set significant legal precedents regarding the interpretation of the Places of Worship Act, potentially influencing future religious site disputes.
Historical Accountability and Archaeological Considerations:
- There is a crucial need to balance rigorous archaeological and historical research with the imperative of maintaining communal harmony, ensuring that findings are used to educate and unify rather than divide.
Impact on Communal Peace:
- The dispute underscores the ongoing challenges in fostering peaceful coexistence among diverse religious communities, highlighting the potential for legal resolutions to either soothe or stir communal sentiments.
Conclusion
The Jama Masjid dispute in Sambhal exemplifies the intricate relationship between India’s rich historical heritage, its legal frameworks, and the ongoing endeavor to uphold secular and communal harmony. This case, like others before it, serves as a litmus test for India’s commitment to its constitutional values and the robustness of its legal institutions in navigating highly sensitive and potentially divisive issues.
-Source: Indian Express
