Keep the Communal Pot Boiling

How Recent Court Rulings and Political Maneuvering Stoke Communal Tensions in India

IT SEEMS THAT that the massive victories of the BJP in the Maharashtra State Assembly elections and the UP by-elections have reversed its apparent downward trend after the parliamentary elections, where the BJP’s seats in the Lok Sabha were reduced from 303 to 240. This resulted in the party losing its majority in the House and maintaining power only with the support of some allies.

Now, with these recent victories, as well as its success in Haryana, the BJP’s fortunes appear to have been restored. Consequently, it has decided to raise the stakes by stoking communal tensions across the country. What happened in Sambhal, UP, is a portent of what may come.

A local court ordered a survey of the Jama Masjid in Sambhal following a complaint by some Hindus who claimed that a Hindu temple once stood on the site of the mosque, supposedly destroyed by Muslims during the Mughal or pre-Mughal era, and replaced by the mosque.

The Places of Worship Act, 1991, enacted by the Indian Parliament, stipulates that the religious character of a structure as of 15th August 1947 cannot be altered.

In other words, even if a Hindu temple had been converted into a mosque before this date, it cannot be reconverted into a Hindu temple. Only conversions that took place after 15th August 1947 can be challenged. The purpose of the law was to put a quietus to such disputes.

There are thousands of mosques in India, and claims can be made that many were built after the destruction of Hindu temples. Where will this lead us? It is true that some Hindu temples were converted into mosques, but we must forget the past and move forward, as intended by the Places of Worship Act, 1991.

However, despite this clear law, many courts are ignoring it and ordering surveys of mosques, which may lead to their destruction, as was the case with the Babri Masjid, or to the conversion of parts of mosques into Hindu temples, such as the basement of the Gyanvapi mosque. The recent order by a court in Sambhal, UP, follows the same path and has resulted in violence.

How could the court pass an order for a survey when the suit itself was not maintainable under the Places of Worship Act? It is deeply regrettable that courts are ignoring this Act and ordering mosque surveys, as happened with the Shahi Mosque in Mathura. It appears that some judges are no longer acting neutrally, impartially, and independently, but are instead aligning with the ruling party at the Center.

In my two interviews with the eminent lawyer and politician Kapil Sibal, I argued that when a case concerning the Gyanvapi mosque in Varanasi was before Justice Chandrachud, he should have ruled that the suit was not maintainable in light of the Places of Worship Act. Such a decision would have settled many similar disputes concerning mosques across the country.

However, Chandrachud, who was then not the Chief Justice of India, likely feared that if he issued such a ruling, the BJP government might disapprove and overlook him for a future promotion. Instead, he merely stated that the District Court should consider the plea.

The primary beneficiary of communal tension in India is the BJP. This party claims to represent all Hindus, who make up 80% of the country’s population. However, Hindus are divided along caste lines.

The core supporters of the BJP are the Hindu upper castes (Brahmins, Rajputs, Vaishyas, Bhumihars, etc.), but they collectively make up only 18-20% of the population in many states—insufficient for winning elections. Yet, when communal sentiments are inflamed, most Hindus tend to unite (as during the Ram Janmabhoomi agitation led by Advani). This unity provides the BJP with the votes it needs to secure electoral victories.

Thus, incidents like those in Sambhal and earlier in Bahraich are likely to be repeated. This appears to be the unfortunate trajectory of India in the near future.

Also Read: The Dark Chapter of Communal Violence in Politics

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