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Legitimising Revanchism

  • Published
    27th Dec, 2023

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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