Controversy Around The Sambhal Mosque

The controversy began when a petition claimed that the 16th-century Jama Masjid in Sambhal was built on an ancient Hari Har Mandir, leading to court-ordered surveys, protests, and violent clashes.

• The claim was similar to those made in the case of Gyanvapi mosque in Varanasi and Eidgah Masjid Mathura in Uttar Pradesh and Kamal-Maula Masjid in Dhar, Madhya Pradesh.

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Background

• Case filed by Petitioners: Eight petitioners have filed a case in the Sambhal court, claiming that in 1527-28 AD, Babar’s lieutenant, Hindu Beg, partially demolished the Shri Hari Har temple and converted it into a mosque. 
  • The current mosque is alleged to have been built on the temple’s site.
• Right of Access to Protected Monument: The petitioners say that the monument is protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and 
  • under section 18 of the Act, the public has the “right of access to protected monuments”.
• Court Orders for Mosque Survey: On November 19, the Sambhal court ordered a mosque survey, which was conducted under district authorities’ supervision. 
  • Despite opposition, a second survey took place on November 24, sparking violence as a crowd feared demolition.

Places of Worship Act, 1991

• Purpose: The Act mandates that the religious character of all places of worship must remain as it was on August 15, 1947 and prohibits the conversion of any place of worship from one religious denomination to another, in whole or part.
• Key Provisions of the Act:
  • Prohibition of Conversion (Section 3): Prevents the conversion of a place of worship, whether in full or part, from one religious denomination to another or within the same denomination.
  • Maintenance of Religious Character (Section 4(1)): Ensures that the religious identity of a place of worship remains the same as it was on August 15, 1947.
  • Exceptions to the Act (Section 5): 
    • Ancient and Historical Monuments: The Act does not apply to monuments, archaeological sites, and remains protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
    • Settled or Resolved Disputes: The Act excludes cases that have already been settled, disputes resolved through mutual agreement, or conversions that took place before the Act’s enactment.
    • Ram Janmabhoomi-Babri Masjid Dispute: The Act specifically excludes the Ram Janmabhoomi-Babri Masjid site in Ayodhya, along with any ongoing legal proceedings related to it.
  • Penalties (Section 6): Specifies penalties, including a maximum imprisonment term of three years and fines, for violating the Act.
  • Bars Judicial Review: The main criticism of the Act  is that it bars judicial review, a fundamental feature of the Constitution.

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Challenges to the Places of Worship Act

• Sambhal Petition and Character Change: The petition filed in Sambhal seeks to alter the religious character of a place of worship, which contradicts the provisions of the 1991 Act.
• Justice D.Y. Chandrachud’s Oral Observation: Petitioners refer to Justice D.Y. Chandrachud’s 2022 remark that determining the religious character of a place, as part of a procedural inquiry, may not necessarily violate the Act’s provisions.
  • This essentially means that an inquiry into what the nature of the place of worship was on August 15, 1947 can be allowed, even if that nature cannot be subsequently changed.
• Courts have admitted petitions:  The courts have admitted petitions seeking to alter the religious character of the places of worship in Varanasi, Mathura, Dhar, and now Sambhal even as the Supreme Court is yet to decide on the challenges to the Places of Worship Act itself.