*http://peoplesvoice.in/2017/
<http://peoplesvoice.in/2017/>04/06/babri-masjid-ramjanmbhoomi-dispute-need-justice/*



*Babri Masjid Ramjanmbhoomi Dispute: Need for Justice*



*Ram Puniyani*



After the long wait, the Supreme Court Chief Justice J.S. Khehar opined
that long pending dispute of Ram Janmabhoomi-Babri Masjid should be settled out
of court
<http://www.hindustantimes.com/india-news/supreme-court-for-amicable-settlement-of-ayodhya-dispute-cji-js-khehar-offers-to-mediate/story-UOU9TGaPbpviWjhXFZscnI.html>.
(March 2017) He even offered to mediate himself in the matter. Uniformly
most of the spokesperson from RSS Combine welcomed the move, while large
number of Muslims and other elements have been surprised as the Court was
approached for justice and not or compromise formula.

This is in the backdrop of the judgment of Lukhnow branch of Allahabad
Court (2010). As per this, the three judge bench had said that the land
should be divided into three parts
<http://www.vitastapublishing.com/2016-01-29-22-05-36/pro/making-sense-of-ayodhya-verdict-detail.html>.
As such the judgment was an exercise of sorts trying to do a balancing act
between all the parties involved, Ram Lalla Virajman, Nirmohi Akhada and
Sunni wakf board. The title of the land has been divided into three each
sharing one part. Also court had declared since Hindus believe that the
‘birth place’ of Lord Ram to be below the place where the central dome of
the mosque stood, that place should be allotted to Hindus. In response RSS
chief in a jubilant mood had proclaimed that now the path for a grand Ram
temple has been opened at the site and all the parties should cooperate in
this “national” <http://www.countercurrents.org/puniyani151210.htm> work.

For larger sections this judgment came as a matter of dismay. The Babri
Mosque has been there from last nearly five hundred years and it was in
possession of Sunni Waqf Board. The dispute was created in nineteen
century. In 1885 even the court denied Hindus to build shed on the platfor
outside the mosque. It is after the forcible installation of Ram Lalla
idols (1949) that the matters went in an adverse way. Through a conspiracy
the idols were installed and despite the insistence of Pundit Jawaharlal
Nehru, the then Prime Minister of India, the UP administration did not
comply.  The gates of the masjid were sealed. It was in 1986 that Rajiv
Gandhi, the then Prime Minister, got the doors of the Masjid opened under
the intense pressure of Hindu Right wing forces
<http://twocircles.net/2010sep26/history_and_nature_ayodhya_dispute.html>.

Lal Krishna Advani took up the issue from VHP, which was agitating for Ram
Temple so far. With Advani, the President of BJP taking up the issue its
political impact started deepening and widening at the same time. It was
made the major polarizing issue around which consolidation of Hindu vote
bank began. The mobilization for Rath yatra planned for the temple movement
became much more in the aftermath of Mandal Commission implementation.
Those who opposed reservation for OBCs came forward in large numbers in the
mobilization for Ram Temple.



While BJP did not show direct opposition to Mandal commission, it converted
the opposition in to the Ram Temple issue. Mandal versus Kamandal (Holy
water pot, Religiosity), is how some framed it.

This issue came up to torment the delicate thread of peace prevailing in
the society. The culmination this campaign was in the form of demolition of
the Babri Masjid. In the demolition RSS combine mobilized large section of
people and Narsimha Rao colluded. While local administration collapsed,
Kalyan Singh of BJP, who was then Chief Minister of UP, facilitated the
assembly, which was to demolish the mosque. He did this despite his promise
to Supreme Court that he will protect the mosque. Narsimha Rao who locked
himself in his Puja room as the mosque was being demolished later promised
that it will be built precisely at the same spot
<https://www.quora.com/What-is-wrong-with-the-demolition-of-Babri-Masjid>.

The matters took the turn for the worse as BJP led team of
‘archeologists-Kar Sevaks’ tried to prove that there are remnants of Ram
Temple below the mosque. Archeologically this is not tenable. That there
was no convincing proof of Ram Temple underneath becomes clear from the
fact the High Court Bench had to resort to ‘faith of Hindus’ to allot 2/3
of the land to Hindu groups. The demolition of Mosque might have been the
biggest crime in India and that was well planned. Despite that the leaders
of demolition squad have not been punished so far.

Liberhan Commission did point out the nature of underlying conspiracy but
unfortunately the Commission report took long to submit its report. To add
salt to the injury Advani and company became stronger after this crime
against the nation. The demolition also unleashed massive violence against
Muslims, particularly in Mumbai, Bhopal and Surat along with other places.
The guilty of this violence have also been let off totally or with minor
reprimand. <http://www.milligazette.com/Archives/01082001/29.htm>

Courts are made for justice. Here, in the matter of this dispute the
ownership of the title has been the real issue. The High Court based itself
more on ‘Faith’ than the records of ownership of the land. The Supreme
Court as the highest legal body needs to see the total issue from legal
angle and needs to set right the wrongs done so far. Only concrete legal
aspects should determine the outcome of the case. Instead to call for
compromise out of Court in present circumstances is overlooking the aspect
of justice. In out of Court settlement already the Hindu groups have said
that Muslims should leave the place for Ram Temple and another suitable
land will be given to them for mosque. The two sides are not evenly
balanced as far as their power is concerned.

There are threats from the likes of Subramanian Swami, BJP MP, and others
that if Muslims don’t give up their claim, the bill will be brought through
Parliament once BJP has bigger strength. Whatever that be threats of this
type are immoral, all parties should be given justice. Already there are
claims on so many Mosques to convert them into temples! In the out of Court
settlement, the Hindu nationalists are more assertive and dominant while
the representatives of Muslims are being pushed into a corner that does not
augur well for the health of our democracy. Effort to revive issue of other
mosques is unwarranted and intimidating to minorities. That needs to be
stopped.

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