Krishna Janmabhoomi-Shahi Idgah Dispute
Krishna Janmabhoomi-Shahi Idgah Dispute
Important for Prelims:
Sri Krishna Janmasthan Trust, Keshavdev Temple, Places of Worship Act 1991, Judicial Review, Bir Singh Bundela, Aurangzeb, Jahangir, Darashikoh, Indian Penal Code (1860)
Important for Mains:
GS-1, 2: Krishna Janmabhoomi-Shahi Idgah dispute, Places of Worship Act, 1991, resolution
Dec. 19, 2023
Why in news:
Recently, the Allahabad High Court of Uttar Pradesh has reserved the decision related to the survey in the three-domed Shahi Idgah attached to the Shri Krishna Janmabhoomi temple complex in Mathura.
Krishna Janmabhoomi-Shahi Idgah dispute
About this:
- The dispute related to Krishna Janmabhoomi-Shahi Eidgah is about 350 years old.
- This entire dispute pertains to 13.37 acres of land. Shri Krishna's birthplace has been built on 11 acres of this land. The remaining 2.37 acres is Shahi Idgah.
- According to the Hindu side, the Shahi Idgah site housed the prison of King Kansa, the maternal uncle of Lord Krishna. Lord Krishna was born in this jail, hence the present Idgah is actually the birthplace of Lord Krishna.
Hindu side's petition:
- The Hindu side has demanded a survey in the Idgah complex. The petitioners include Lord Shri Krishna Virajman and seven others - lawyers Harishankar Jain, Vishnu Shankar Jain, Prabhash Pandey and Devaki Nandan.
- The Hindu side claims that the mosque was built at the birthplace of Shri Krishna on the orders of Mughal emperor Aurangzeb in 1670.
Demand of Muslim side:
- At the same time, the Muslim side appeals to reject the demand of the Hindu side by invoking the Places of Worship Act 1991 in this case.
Events related to this historical site:
Temple Building
- Before the beginning of all this controversy, Bir Singh Bundela had built a temple here in 1618 during the reign of Aurangzeb's grandfather Jahangir. This temple was of Lord Shri Krishna.
- This temple was patronized by Dara Shikoh, brother of Aurangzeb and rival to the Mughal throne.
- In 1670, a Shahi Idgah mosque was built here on the orders of Mughal emperor Aurangzeb.
- The Hindu side claims that it was constructed by demolishing the birthplace of Shri Krishna.
- After the construction of the mosque, this land came under the control of the Muslim side. The entry of Hindus remained restricted here for the next 100 years.
- In 1770, there was a war between the Mughals and the Marathas. Marathas won. After the victory, the Marathas again built a temple here, naming it Keshavdev Temple.
- This temple became dilapidated and ultimately fell due to the earthquake.
- In 1815, Raja Patni Mal of Banaras purchased 13.77 acres of land from the East India Company to build a temple here. But due to the temple not being built here, this place remained vacant and the Muslim side has taken control of this land.
- In 1944, this land was purchased by the famous businessman Jugal Kishore Birla.
- After the independence of the country, this land was given to Shri Krishna Janmasthan Trust formed in 1951.
- In 1953, the Trust started the construction of the temple. This temple was completed in 1958.
- In 1958, a new organization named Shri Krishna Seva Sansthan was formed, which in 1968 made an agreement with the Muslim side and said that both temple and mosque would remain on the land. But Shri Krishna Janmasthan Trust did not accept this agreement. His argument was that Shri Krishna Seva Sansthan has no right on the birthplace and hence there is no justification for this agreement.
- In December 2022, Civil Judge Senior Division (Third) Sonika Verma issued an order ordering a survey of the Shahi Idgah Mosque through Amin.
- Now a petition has been filed demanding the removal of the Shahi Idgah Mosque of Mathura.
What is the Places of Worship Act, 1991?
- This Act sets out provisions for “prohibiting the conversion of any place of worship and preserving the religious character of any place of worship.
- This Act was enacted on September 18, 1991 during the tenure of former Prime Minister PV Narasimha Rao to stop the Ramjanmabhoomi dispute in Ayodhya.
Criticism
- The Act has been challenged on the grounds that it bars judicial review, which is a fundamental feature of the Constitution.
- This Act curtails the right to religion of Muslims, Jains, Buddhists and Sikhs.
Major sections related to this Act:
Section 3
- This section prohibits conversion of a place of worship of any religious sect, wholly or partly, into a place of worship of a different religious sect.
Section 4(1)
- It declares that the religious character of the place of worship “shall remain as it existed on 15 August 1947”.
Section 4(2)
- It states that any suit or legal proceeding pending in any court in respect of change in the religious character of any place of worship existing on 15th August, 1947, shall be abated and no new suit or legal proceeding shall be instituted . The provision of this sub-section saves suits, appeals and legal proceedings which are pending on the date of commencement of the Act if they relate to the conversion of the religious character of a place of worship after the cut-off date.
Section 5
- This Act will not apply to any suit, appeal or other proceeding relating to the Ram Janmabhoomi place of worship.
Section 6
- Whoever contravenes the provisions of section 3 shall be punished with imprisonment which may extend to three years and shall also be liable to fine.
- Whoever attempts to commit any offense punishable under sub-section (1) or causes such offense to be committed and in such attempt does any act towards the commission of the offence, he shall be punishable with the punishment provided for the offence.
- Whoever abets, or is a party to the commission of, an offense punishable under sub-section (1), whether or not such offense is committed in consequence of such instigation or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), shall be punishable by the punishment provided for the offence.
Section 7
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Way forward
- This Act should be thoroughly reviewed to address the criticisms and shortcomings.
- It must be ensured that the Act does not restrict judicial review and preserves the role of the judiciary in upholding constitutional rights.
- A balance must be struck between preserving the religious character and respecting the rights of different communities.
- Public consultation should be included to promote fairness and sustainability
- Court decisions should be free from bias in all religious matters to ensure transparency.
Source: The Hindu
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Mains Question
What is the Krishna Janmabhoomi-Shahi Idgah dispute? Outline the reforms in the Places of Worship Act, 1991 to resolve this dispute.