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Controversy around the Sambhal Mosque
Context
A petition was filed in the district court of Sambhal, Uttar Pradesh, claiming that the Jama Masjid in Sambhal was built on the site of an ancient Hari Har Mandir (temple). This is similar to the ongoing legal disputes regarding other places of worship, such as the Gyanvapi Mosque in Varanasi and the Eidgah Masjid in Mathura. The Jama Masjid in Sambhal is a protected national monument.
Historical Background of the Jama Masjid, Sambhal:
- The Jama Masjid in Sambhal was built during the Mughal period, around 1528, by Mir Hindu Beg, a general under Emperor Babur.
- The mosque is considered one of three mosques built by Babur’s empire, the other two being the Babri Masjid in Ayodhya and the mosque in Panipat.
- Some historians argue that the mosque was originally built during the Tughlaq era, and Babur added features to its structure.
- Hindu tradition claims the mosque incorporates parts of an ancient Vishnu temple, and some believe that the tenth avatar of Vishnu (Kalki) will appear at this site in the future.
The Places of Worship (Special Provisions) Act, 1991:
- The Places of Worship Act, 1991, was passed to maintain the religious status of all places of worship as they existed on August 15, 1947. This Act prohibits the conversion of places of worship from one religion to another.
- The Act was created to prevent ongoing disputes over religious sites, with the only exception being the Babri Masjid-Ram Janmabhoomi dispute, which was specifically excluded.
- Section 3 of the Act clearly forbids the conversion of any place of worship into a place of worship of a different religion.
- Challenge to the Act:
- The petitioners in the Sambhal case are asking the court to change the religious character of the mosque, which is in contravention of the Places of Worship Act.
- They cite a statement made by Justice D.Y. Chandrachud in 2022, suggesting that the ascertainment of religious character of a place might not violate the Act’s provisions.
- The Supreme Court is already hearing challenges to the Places of Worship Act in relation to the Gyanvapi Mosque in Varanasi, the Eidgah Masjid in Mathura, and the Kamal-Maula Masjid in Dhar, Madhya Pradesh.
- The Supreme Court has not yet ruled on these challenges or on the constitutionality of the Places of Worship Act itself.
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