27th December 2023 (8 Topics)
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Legitimising Revanchism
Context:
As an alternate view for the court’s gyanvapi case judgment, there is a thought that Courts should not stray from the constitutional vision of secularism.
Allahabad High Court's Controversial Ruling
- Legal Challenge Validated: Allahabad High Court permits suits from 1991 to declare part of Gyanvapi Mosque property of Lord Vishweshwar.
- Controversial Interpretation: Court claims the Places of Worship Act is not applicable until the "religious character" is determined.
- Potential for Communal Tension: The ruling may expedite the conversion of a mosque into a temple, fueling societal tension.
Discrepancies in Judicial Treatment
- Divergent Treatment: Contrasts treatment of 2022 suits by women worshippers, focused on worship rights, with 1991 suits seeking mosque conversion.
- Inconsistent Interpretation: Despite explicit mosque-related relief sought in 1991 suits, the court deems them maintainable, raising concerns.
- Survey Controversy: ASI survey ordered for 2022 suits to decide 1991 suits, fostering ambiguity and potential for further disputes.
Constitutional Vision
- Judiciary's Constitutional Role: The judiciary must prioritize secularism and resist legitimizing attempts to change worship places' status.
- National Importance Claim: The High Court's claim of "vital national importance" raises eyebrows; judiciary should focus on impartial adjudication.
- Enforcement of Legal Bar: Upholding the statutory Places of Worship Act is crucial to prevent altering the status of religious sites.
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