AYODHYA DISPUTE

M Siddiq (D) Thr Lrs   V. Mahant Suresh Das & Ors

The belief of the sixteen-century people in Babri Masjid and Rama Janambhoomi leads to the heated arguments between the two main communities – Hindus and Muslims. Both were having their faiths and believes, both wanted that land to be in their possession. One destructive event and things became worse, It happened on 6th December 1992, when some of the leading political leaders along with a large number of volunteers marched towards the Masjid and destroyed its structure because they thought that the place where Babri Masjid built was the same as of where Lord Rama took birth.  Destruction and atrocities which occurred throughout the country in 1992 and 1993 which resulted in the loss of 2000 lives was the impact of this incident.  

The first recorded legal history of the Ayodhya dispute case dates back to 1858. An FIR was filed on 30th November 1858 by Mohd Salim against the group of Nihang Sikhs alleging that they had written “Ram” inside the mosque. From that time various cases relating to different aspects of Ayodhya and Babri Masjid was filed before the court.

It was believed by the Hindus that the Babri Masjid was built at the birthplace of Lord Rama and hence it’s their land to worship. In the year 1949, the government locked the doors of masjid saying that the matter was sub judice and declared that land disputed. Later in the year 1986, after 37 years, District court judge allowed to Hindus to worship inside the mosque and ordered to open the doors. Muslim community get infuriated and protested against it.

Later in the year 1992, Vishwa Hindu Parishad with BJP as their political voice destroyed the mosque which results in riots across the country.

After this incident, the Central Sunni Waqf Board and Sunni Waqf Board filed the case separately stating that the disputed area of 2.77 acres belongs to them. Similarly, Nirmohi Akhar and Ram Lalla also filed their cases separately for the same.

Several hearings held, In 2010, Allahabad High Court said that the land should be distributed between three parties, Nirmohi Akhara, Ram Lalla and Sunni Waqf Board. Further, the case moved to the Hon’ble Supreme Court and on 9th November 2019, it gave the most awaited judgement of Ayodhya dispute or Babri Masjid Case stating that the land belongs to the Hindus as they have given better evidence showing that it was the birthplace of Lord Rama and also the report of Archaeological Survey of India Stated that the Masjid was constructed on “structure” which was distinctly indigenous and non-Islamic. The Court ordered the Government of India to create the trust to build the Ram Mandir and asked to give 5 acres of land for the construction of the Mosque at any suitable place in Ayodhya. The Court quashed the High Court order and said Nirmohi Akhara had no shebait rights. However, member of the Nirmohi Akhara should be given appropriate representation in the Board of Trustees. The Court also rejected the claim made by the Shia Waqf Board again Sunni Waqf Board for the ownership of Babri Masjid.

The decision given by the Hon’ble Supreme Court is under question as it was seemed to be more of victory of faith over facts. According to the decision, it was said: “The court has agreed that, in the ASI report, there was no mention of the temple (at the disputed site) and Muslims used to pray inside the mosque.” The execution of article 142 of the Indian Constitution by the Supreme Court is not satisfactory and it is unusual as well.