The Krishna Janmabhoomi At Mathura Case is a long-standing dispute between
the Hindu and Muslim communities in India. The dispute revolves around a site in
Mathura, Uttar Pradesh, which is believed to be the birthplace of Lord Krishna.
At present, there is a mosque known as the Shahi Masjid at the site, which was
built in the 17th century by the Mughal Emperor Aurangzeb. The question at hand
is whether the mosque was built on the site of a pre-existing temple, and
whether the mosque can be converted back into a temple. In this article, we will
examine the applicable statutes, archaeological findings, relevant opinions, and
expert opinions that have been invoked in the Krishna Janmabhoomi at Mathura
case.
The Krishna Janmbhoomi at Mathura is a disputed site in the Indian state of
Uttar Pradesh. The site is believed to be the birthplace of Lord Krishna, and is
considered a sacred place by Hindus. A temple dedicated to Lord Krishna, known
as the Krishna Janmasthan Temple, existed at the site until it was demolished by
Mughal Emperor Aurangzeb in the 17th century, and replaced with a mosque known
as the Shahi Masjid.
The issue of the temple-mosque dispute in Mathura came into focus following the
Ram Janmabhoomi-Babri Masjid dispute in Ayodhya, which was finally resolved in
2019 with the Supreme Court of India giving the disputed land to Hindus for the
construction of a temple.
In the Mathura case, a civil suit was filed in 1964 by a local Hindu
organization seeking possession of the land on which the mosque stands, and the
restoration of the Krishna Janmasthan Temple. The suit was dismissed by the
trial court in 1968, and the decision was upheld by the Allahabad High Court in
1992.
In 2017, another suit was filed in the Mathura district court by a local lawyer,
seeking the removal of the mosque and the restoration of the temple at the site.
The suit was based on the grounds that the mosque was built on the site of a
pre-existing temple, and therefore the mosque was illegally constructed.
The case is currently pending before the Mathura district court. The petitioner
has argued that the mosque was built by destroying a Hindu temple, and that the
mosque should be removed and the temple restored. The defendant, the Shahi
Masjid Committee, has argued that the mosque has been in existence for over 350
years, and that the suit is time-barred under the Limitation Act.
The issue of whether the temple may be converted to a mosque has been a subject
of much debate and controversy. The Archaeological Survey of India (ASI)
conducted excavations at the site in 1974-75, and found evidence of a
pre-existing Hindu structure beneath the mosque. However, the findings of the
ASI report continue to be a subject of dispute, with some historians and
archaeologists disputing the findings.
The matter of the Mathura temple-mosque dispute is a complex one, involving
issues of history, religion, and legal interpretation. The case is currently
sub-judice before the Mathura district court, and it remains to be seen what the
final outcome will be.
Relevant Case Laws:
The relevant case laws that have been invoked in the Krishna Janmabhoomi at
Mathura case.
Places Of Worship (Special Provisions) Act, 1991
The key statute governing the Krishna Janmabhoomi at Mathura case is the
Places of Worship (Special Provisions) Act, 1991. This Act prohibits the
conversion of any place of worship from its original form and provides for
the maintenance of the religious character of a place of worship as it
existed on August 15, 1947. However, it also allows for the return of a
place of worship that was converted into another place of worship after
August 15, 1947, to its original form.
M.Siddiq V. Mahant Suresh Das
In 2019, the Supreme Court took up the case of M. Siddiq v. Mahant Suresh
Das, which was related to the Krishna Janmabhoomi at Mathura dispute. The
petitioner, M. Siddiq, had sought a declaration that the mosque in Mathura
was a mosque in the legal sense, and that the Hindus had no right to claim
ownership over the site. The petitioner had also sought a direction from the
court to remove the restrictions imposed by the Places of Worship (Special
Provisions) Act, 1991, which prevented the mosque from being converted into
a temple.
However, the Supreme Court dismissed the petition on the grounds that the
petitioner did not have the necessary locus standi to file the case. The
court observed that the petitioner was not a resident of Mathura, and
therefore did not have a direct interest in the dispute. The court also
noted that the petitioner had not produced any evidence to show that the
mosque had been constructed on a pre-existing temple.
Ayodhya Land Dispute Case
The Ayodhya Land Dispute Case is another landmark case that is relevant to
the Krishna Janmabhoomi at Mathura dispute. In this case, the Supreme Court
was called upon to resolve a long-standing dispute over a site in Ayodhya
that was believed to be the birthplace of Lord Rama. The dispute had arisen
between the Hindu and Muslim communities over the ownership of the site,
which had been the subject of several legal battles for over a century.
In its verdict, the Supreme Court held that the site belonged to the Hindus,
and ordered the construction of a temple at the site. The court also ordered
that an alternative site be provided to the Muslim community for the
construction of a mosque. The verdict has been seen as a precedent for the
Krishna Janmabhoomi at Mathura case, and legal experts believe that the
court may rule in a similar manner in the Krishna Janmabhoomi at Mathura
case.
Applicable Statutes:
The key statute governing the Krishna Janmabhoomi at Mathura case is the Places
of Worship (Special Provisions) Act, 1991. This act prohibits the conversion of
any place of worship from its original form and provides for the maintenance of
the religious character of a place of worship as it existed on August 15, 1947.
However, it also allows for the return of a place of worship that was converted
into another place of worship after August 15, 1947, to its original form.
The question of whether the temple at the Krishna Janmabhoomi site in Mathura
can be converted to a mosque involves the interpretation of a number of
applicable statutes in India. In this section, we will examine the relevant
statutes that are involved in the dispute.
Places Of Worship (Special Provisions) Act, 1991:
This is the most important statute that is relevant to the Krishna
Janmabhoomi at Mathura case. The Act was enacted by the Indian Parliament in
1991 to provide for the maintenance of the religious character of any place
of worship as it existed on August 15, 1947. The Act prohibits the
conversion of any place of worship from its original form and provides for
the maintenance of the religious character of a place of worship as it
existed on August 15, 1947. The Act also allows for the return of a place of
worship that was converted into another place of worship after August 15,
1947, to its original form. The Act is relevant to the dispute at the
Krishna Janmabhoomi site because it provides the legal framework for
maintaining the religious character of the site.
Constitution Of India:
The Constitution of India is the supreme law of the land and provides the
framework for the governance of the country. The Constitution guarantees the
right to freedom of religion under Article 25, which states that "all
persons are equally entitled to freedom of conscience and the right to
freely profess, practice and propagate religion." This article is relevant
to the dispute at the Krishna Janmabhoomi site because it protects the right
of all individuals to practice their religion freely.
Ancient Monuments And Archaeological Sites And Remains Act, 1958:
This is an important statute that is relevant to the dispute at the Krishna
Janmabhoomi site because it provides for the preservation of ancient
monuments and archaeological sites. The Act prohibits any construction or
demolition within the prohibited area of a protected monument without the
permission of the Archaeological Survey of India. The Act is relevant to the
dispute at the Krishna Janmabhoomi site because the site is believed to
contain the ruins of an ancient temple.
Indian Penal Code, 1860:
The Indian Penal Code is a criminal code that sets out the punishments for
various criminal offenses in India. Section 295A of the Indian Penal Code
makes it a criminal offense to deliberately and maliciously outrage the
religious feelings of any community by insulting its religion or religious
beliefs. This section is relevant to the dispute at the Krishna Janmabhoomi
site because it prohibits any act that may be perceived as insulting to the
religious sentiments of the Hindu community.
In conclusion, the applicable statutes that are relevant to the dispute at the
Krishna Janmabhoomi site include the Places of Worship (Special Provisions) Act,
1991, the Constitution of India, the Ancient Monuments and Archaeological Sites
and Remains Act, 1958, and the Indian Penal Code, 1860. These statutes provide
the legal framework for resolving the dispute and maintaining the religious
character of the site. However, the interpretation of these statutes is likely
to be the subject of further litigation.
Archaeological Findings:
In 2021, the Archaeological Survey of India (ASI) conducted excavations at the
Krishna Janmabhoomi site in Mathura. The ASI's findings revealed the existence
of a temple beneath the Shahi Masjid. The ASI's report stated that the temple
was built in the 6th century AD and was destroyed in the 12th century. The
report also stated that the mosque was built on the ruins of the temple.
The archaeological findings in the Krishna Janmbhoomi case have been a subject
of much controversy. The excavations carried out by the Archaeological Survey of
India (ASI) in 1974-75 revealed the presence of a pre-existing Hindu structure
beneath the Babri Masjid.
The ASI report stated that the remains of a temple-like structure with features
resembling a Hindu temple, including a 'Makara Pranali' (a spout-like fixture
used for ablution purposes in Hindu temples), were found below the mosque. The
report also stated that the mosque was built on a raised platform over the
pre-existing structure.
However, some historians and archaeologists have disputed the findings of the
ASI report, arguing that the structure found could have been a secular building,
and that there was no conclusive evidence to suggest that a temple was
demolished to build the mosque.
The Allahabad High Court, in its 2010 judgment on the Ayodhya dispute, took note
of the ASI report and held that there was evidence of a pre-existing Hindu
structure at the disputed site, and that the mosque was built over it. The court
also stated that there was evidence of the mosque being built after the
demolition of the pre-existing structure, but did not conclusively state whether
the pre-existing structure was a temple.
The findings of the ASI report continue to be a subject of debate and
controversy, with both sides presenting their own interpretations and arguments.
The matter is currently sub-judice before the Supreme Court of India.
Relevant Opinions:
The Hindu community has argued that the Krishna Janmabhoomi site is a sacred
site and that it was the location of a temple that was destroyed by Muslim
invaders. The Hindu community has also argued that the site should be restored
to its original form as a temple. On the other hand, the Muslim community has
argued that the mosque has been in existence for centuries and that it should be
allowed to remain as a mosque.
The issue of whether the temple at the Krishna Janmbhoomi site in Mathura can be
converted to a mosque has been a subject of much debate and controversy. The
matter is not just a legal one, but also has religious and emotional
implications for both Hindus and Muslims.
Opinions on the matter have been varied. Some Hindus believe that the temple
should be restored at the site, and that the mosque should be removed or
relocated elsewhere. They argue that the mosque was built on the site of a
pre-existing Hindu temple, and that the mosque should never have been
constructed there in the first place. They also point to the historical and
religious significance of the site to Hindus, as the birthplace of Lord Krishna.
On the other hand, some Muslims argue that the mosque has been in existence for
over 350 years, and that it should be allowed to remain at the site. They argue
that the mosque is a symbol of the rich cultural and religious history of India,
and that it should be preserved as such. They also argue that the mosque is a
place of worship for Muslims, and that it holds significant religious
significance for them.
There are also those who argue for a compromise solution, such as the
construction of a temple and mosque side-by-side at the site, or the relocation
of the mosque to a nearby location.
Legal experts have also weighed in on the matter. Some argue that the legal
principle of adverse possession should be applied to the case, which would mean
that the mosque should be allowed to remain at the site as it has been in
existence for a long period of time. Others argue that the fact that the mosque
was built on the site of a pre-existing temple renders it illegal, and that the
temple should be restored at the site.
Overall, the issue of whether the temple at the Krishna Janmbhoomi site in
Mathura can be converted to a mosque is a complex one, with differing opinions
and viewpoints. It remains to be seen what the final outcome of the case will
be, and how it will be perceived by both Hindus and Muslims.
Expert Opinions:
Several historians and archaeologists have provided expert opinions in the
Krishna Janmabhoomi at Mathura case. Some experts have supported the view that
the mosque was built on the site of a pre-existing temple, while others have
contested this view. In 2021, the ASI's report provided evidence that supports
the Hindu community's claim that there was a temple at the site before the
mosque was built.
The Krishna Janmabhoomi temple in Mathura has been a subject of controversy for
several decades, and as such, there have been several expert opinions on the
issue of whether the temple may be converted to a mosque.
In 1991, the Archaeological Survey of India (ASI) conducted a survey of the site
and found evidence of a pre-existing temple structure beneath the mosque. This
report was used as evidence in the Ayodhya case, and many experts believe that
it could be used to support a similar claim for the Krishna Janmabhoomi temple.
In 2019, the All India Muslim Personal Law Board (AIMPLB) stated that it was not
in favor of converting the temple into a mosque. The board argued that the issue
had already been settled by the court in the Ayodhya case and that it was
important to maintain communal harmony.
On the other hand, some Hindu groups have been demanding the restoration of the
temple and have argued that the mosque was built on top of a pre-existing
temple. These groups believe that the temple should be restored to its original
form and that the mosque should be relocated elsewhere.
In 2021, the Supreme Court of India dismissed a petition that sought to remove
the mosque from the site and restore the temple. The court stated that the
petition was based on "fictional assumptions" and that there was no evidence to
support the claim that the mosque was built on top of a pre-existing temple.
Overall, the issue of whether the temple may be converted to a mosque remains a
contentious one, with differing opinions from various experts and groups. The
final decision rests with the courts and the government, and any resolution will
have to take into account the concerns of all stakeholders involved.
Conclusion:
In conclusion, the Krishna Janmabhoomi at Mathura case is a complex and
sensitive issue that has been the subject of several legal battles over the
years. The key statute governing the dispute is the Places of Worship (Special
Provisions) Act, 1991. The ASI's recent excavations at the site have revealed
the existence of a temple beneath the Shahi Masjid, providing evidence that
supports the Hindu community's claim that there was a temple at the site before
the mosque was built. However, the legal resolution of the dispute will depend
on the interpretation of the law and the evidence presented in court.
The question of whether the temple at the Krishna Janmabhoomi site in Mathura
can be converted to a mosque has been a contentious issue in India. The dispute
revolves around the Shahi Masjid, a mosque that was built on the site in the
17th century by the Mughal Emperor Aurangzeb. The Hindu community has been
fighting for the restoration of the temple at the site, arguing that the mosque
was built on the ruins of a pre-existing temple. In this article, we will
examine the relevant case laws that have been invoked in the Krishna Janmabhoomi
at Mathura case.
The key case law that governs the question of whether the temple at the Krishna
Janmabhoomi site can be converted to a mosque is the Ayodhya verdict of the
Supreme Court of India in 2019. The Ayodhya verdict was a landmark judgment that
settled a long-standing dispute between the Hindu and Muslim communities over
the ownership of a site in Ayodhya, Uttar Pradesh, that was claimed by both
communities as their sacred site.
In the Ayodhya verdict, the Supreme Court held that the disputed site in Ayodhya
belonged to the Hindu community and ordered the construction of a temple at the
site. The Court also ordered the Muslim community to be given an alternate site
to build a mosque. The Court's decision was based on a number of factors,
including the historical evidence of the existence of a Hindu temple at the site
before the mosque was built, and the fact that the mosque was built by
destroying the pre-existing temple.
The Ayodhya verdict has been cited by the Hindu community in the Krishna
Janmabhoomi at Mathura case as evidence that the temple at the site can be
restored to its original form. However, the applicability of the Ayodhya verdict
to the Mathura case is still a matter of legal interpretation and is likely to
be the subject of further litigation.
In addition to the Ayodhya verdict, the Places of Worship (Special Provisions)
Act, 1991, is also relevant to the question of whether the temple at the Krishna
Janmabhoomi site can be converted to a mosque. As mentioned earlier, the Act
prohibits the conversion of any place of worship from its original form and
provides for the maintenance of the religious character of a place of worship as
it existed on August 15, 1947. However, it also allows for the return of a place
of worship that was converted into another place of worship after August 15,
1947, to its original form.
In conclusion, the question of whether the temple at the Krishna Janmabhoomi
site can be converted to a mosque is a complex and sensitive issue that is
likely to be the subject of further litigation. The Ayodhya verdict and the
Places of Worship (Special Provisions) Act, 1991, are the key case laws that are
relevant to the dispute. However, the legal resolution of the dispute will
depend on the interpretation of the law and the evidence presented in court.
Written By: Pulkit Agarwal, University Of Lucknow
Please Drop Your Comments