A wave of petitions seeking surveys of historic mosques across India has ignited a heated debate, intertwining law, history, and religious beliefs. The origins of mosques such as the Ajmer Dargah, Adhai Din Ka Jhonpra, and others have come under scrutiny as claims emerge suggesting these sites were originally Hindu temples or Jain establishments. These petitions, admitted in courts across Uttar Pradesh and Rajasthan, are deeply connected to an oral observation by former Chief Justice of India D.Y. Chandrachud during the Gyanvapi Masjid case in 2022, which stated that the Places of Worship Act, 1991, does not bar the determination of the “religious character” of places of worship.
This statement has spurred a series of legal challenges, surveys, and protests, raising questions about the future of such historic structures and the larger implications for communal harmony in India.
The Genesis of Controversy
The Places of Worship Act, 1991, was enacted to maintain the religious character of places of worship as they stood on August 15, 1947. However, the former Chief Justice’s remark during the Gyanvapi case opened a pathway for revisiting the religious histories of these structures. This has led to an increasing number of petitions, with courts ordering surveys to ascertain the origins of mosques, many of which date back to medieval India.
Among the most notable structures now under scrutiny are the Ajmer Dargah and the Adhai Din Ka Jhonpra. Petitioners claim these revered Islamic sites were built on demolished Hindu or Jain temples, sparking a debate on their historical narratives.
Ajmer Dargah and Adhai Din Ka Jhonpra: A History in Question
The Ajmer Dargah, a significant Sufi shrine frequented by people of all faiths, has come under legal challenge with claims that it was originally a Hindu temple dedicated to Sankat Mochan Hanuman. The controversy has sparked outrage, with critics labelling these petitions an ideological assault on India’s cultural diversity. Notably, the shrine receives annual offerings from prominent leaders, including the Prime Minister, emphasizing its inclusive appeal.
Similarly, the Adhai Din Ka Jhonpra, a 12th-century mosque in Ajmer protected by the Archaeological Survey of India (ASI), faces demands for a survey to verify claims that it was a Sanskrit college or Jain temple before being converted into a mosque. Built by Qutubuddin Aibak and later beautified by Sultan Iltutmish, the mosque is celebrated for its unique architecture. However, claims that it was originally a Jain temple date back to the early 20th century, when historian Har Bilas Sarda argued it was constructed in 660 AD and destroyed during the conquest of Ajmer by Afghan forces in 1192.
The ASI, however, maintains that the mosque’s construction involved using materials from earlier structures, a common practice during that period. The agency asserts that the site’s Islamic identity is historically well-documented.
Other Mosques Facing Claims
The Shamsi Jama Masjid in Badaun, a structure built over 800 years ago, is another site under legal contention. Petitioners claim it was originally a Neelkanth Mahadev temple, while the mosque’s management committee disputes these assertions. Similarly, the Teelewali Masjid in Lucknow and the Atala Masjid in Jaunpur have also faced calls for surveys.
In Delhi, allegations have surfaced that the historic Jama Masjid was constructed on the site of a Vishnu temple, further fuelling the controversy.
Legal and Social Implications
These petitions have brought the Places of Worship Act, 1991, into the spotlight, as its provisions prohibit changing the religious character of any place of worship as it stood in 1947. Critics argue that the growing number of petitions undermines the Act’s intent, potentially creating avenues for communal discord.
Retired bureaucrats and military officials have voiced their concerns, urging the government to prevent what they describe as an “assault” on India’s pluralistic heritage. Meanwhile, the All India Muslim Personal Law Board has appealed to the Supreme Court to take suo motu cognizance of these cases and direct lower courts to refrain from entertaining such petitions.
What Lies Ahead?
The surveys and legal disputes could have far-reaching consequences, both legally and socially. If courts validate the claims of pre-Islamic origins, it might pave the way for demands to reclaim these sites, reminiscent of the Babri Masjid-Ram Janmabhoomi dispute. Such outcomes risk reigniting communal tensions and challenging India’s secular ethos.
Conversely, if the courts reject these claims, it might reaffirm the sanctity of the Places of Worship Act but could still leave unresolved tensions among the parties involved.
Amid these legal proceedings, the role of the judiciary will be crucial in ensuring that historical narratives are explored responsibly and do not exacerbate divisions. The need for balanced, evidence-based conclusions that respect India’s diverse cultural fabric has never been more critical.
As surveys proceed and legal debates unfold, the future of these historic mosques hangs in the balance, leaving many to wonder: will these controversies serve as a bridge to understanding India’s complex history, or will they deepen the fault lines of its present? The answer may shape the nation’s narrative for generations to come.
