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Encroachment and Identity: The Struggle for Muslim Religious Sites in India

Mounting pressures on Muslim communities, including challenges to the Places of Worship Act and widespread systemic discrimination, pose a critical threat to India's democratic foundations

Thursday December 12, 2024 9:20 PM, Omair Shaquib

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Introduction

India's sociopolitical landscape is fraught with religious disputes over places of worship, leading to intense debates and community tensions. The Sambhal Mosque conflict in Uttar Pradesh is a notable example, reflecting broader mosque-temple land disputes. This issue is examined within the context of the Places of Worship Act 1991, highlighting the challenges faced by religious minorities in preserving their places of worship in India.

Historical Context of Mosque-Temple Land Disputes in India

The British colonial administration often exacerbated tensions between Hindus and Muslims by selectively endorsing claims to consolidate political control.

Similarly, the Sambhal Mosque case, deeply rooted in historical, political, and social dynamics, reflects the broader relationship between Hindu and Muslim communities in India.

The rise of Hindu nationalist politics, particularly by the Bharatiya Janata Party, has fueled these disputes by manipulating religious conflicts for political power. The demolition of the Babri Masjid in 1992 by Hindu mobs heightened communal tensions, setting a concerning precedent for minority religious site protection.

Although the Places of Worship Act of 1991 aimed to safeguard religious sites as they existed on August 15, 1947, the Ayodhya judgment and the trend of mosque-temple disputes have weakened this legislation, leaving religious minorities vulnerable to encroachments on their sacred spaces.

The Places of Worship Act 1991

The Places of Worship Act of 1991 aimed to maintain the religious character of worship places as they existed on August 15, 1947, protecting the interests of religious minorities.

However, the 2019 Supreme Court ruling, which awarded the disputed site to Hindus, undermined the real intent of this Act, potentially favoring Hindu claims over Muslim places of worship, even without clear historical evidence.

Recent Cases of Mosque Land Disputes

The Gyanvapi Mosque in Varanasi and Shahi Idgah Mosque in Mathura exemplify ongoing legal disputes where Hindu groups are challenging Muslim places of worship. In both cases, petitioners claim the mosques were built on sites of religious significance to Hindus—alleging the Gyanvapi Mosque was constructed over a Hindu temple's ruins, and the Shahi Idgah Mosque stands on what they consider Krishna's birthplace—seeking to reclaim these lands through legal action.

The construction of Hindu structures near Muslim shrines has been a tactic to undermine the spiritual integrity of these sites. Hindu nationalist groups manipulate historical narratives, labeling Muslim places of worship as "oppressive" to justify their claims, often with state support.

The ongoing challenges to the Places of Worship Act and judicial favoritism towards Hindu nationalist claims risk escalating tensions between communities, undermining efforts for an inclusive society.

Furthermore, the vulnerability of religious minorities is exacerbated by a climate of impunity and the state's failure to prevent violence and discrimination against them.

Religious Minorities and Constitutional Rights

The challenges faced by Muslim communities in India, particularly highlighted by the Sambhal Mosque case, raise critical concerns about minority rights and the country's adherence to secularism.

The Indian Constitution enshrines secularism and guarantees equal rights for all citizens, affirming the freedom to practice religion as a fundamental right. However, recent developments indicate a decline in the rule of law and state sovereignty, as evidenced by a trial court's order allowing a survey of the Shahi Jama Masjid based on claims that it was built over a demolished Hindu temple.

This situation has escalated into violence, resulting in fatalities among Muslims, and reflects a broader trend of encroachment on places of worship that undermines the constitutional commitment to justice and equality for all citizens.

Also Read: No more surveys of mosques, places of worship: Supreme Court

The systematic challenges facing India's Muslim minority have undermined the nation's commitment to secularism and religious pluralism. The Sambhal Mosque case highlights a broader pattern of institutional marginalization, where the Citizenship Amendment Act, arbitrary arrests of Muslim youth, and complex intersectional tensions surrounding personal laws have eroded the community's constitutional rights and cultural security.

These developments reflect a deepening crisis of communal harmony, characterized by escalating state-sponsored policies and social dynamics that challenge the principles of equal citizenship and religious freedom.

Mounting pressures on Muslim communities, including challenges to the Places of Worship Act and widespread systemic discrimination, pose a critical threat to India's democratic foundations.

The recent Sambhal Mosque case epitomizes this broader pattern of marginalization, with institutional failures and a climate of impunity significantly undermining the community's sense of belonging and security.

Also Read: Searching Shivling Under Every Mosque

These developments challenge the democratic ideals of secularism, equal citizenship, and religious pluralism, threatening to fracture the social fabric and undermine the inclusive national vision enshrined in India's constitutional framework.

The rise of Hindu nationalist ideology, primarily championed by the Bharatiya Janata Party, has significantly challenged India's foundational principles of secularism and pluralism.

The implementation of the Citizenship Amendment Act and increasingly prevalent rhetoric suggesting that India is exclusively a Hindu homeland has intensified concerns about equal citizenship, with Muslims and Christians effectively being treated as second-class citizens.

These developments, exemplified by challenges to the Places of Worship Act and the recent Mosques related cases, have systematically eroded minority confidence in the state's commitment to constitutional protections. The cumulative effect represents a critical threat to India's democratic ethos, undermining the nation's historical commitment to religious diversity and inclusive governance.

Conclusion

The Sambhal Mosque and other similar case epitomizes the growing concerns of India's Muslim minority regarding their constitutional rights and cultural preservation. This situation underscores the critical need for the government to address systemic challenges and reaffirm its commitment to secularism and pluralism.

By taking decisive steps to effectively implement the Places of Worship Act and confront institutional biases, the government can mitigate deepening communal divides and protect religious freedoms.

The preservation of communal harmony is essential to India's democratic foundations, requiring concrete actions that reassure Muslim communities of their rightful place as equal citizens.

Failure to address these challenges risks undermining the nation's aspirational vision of an inclusive, equitable society, making it imperative for the government to actively uphold the constitutional principles of religious diversity and mutual respect.

[The writer, Omair Shaquib, Assistant Professor at Chandigarh University, Punjab.]

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