Why in News?

At least four people have been killed and numerous others injured in the violence that has erupted in Sambhal, western Uttar Pradesh, since a district court ordered a survey of the Shahi Jama Masjid.

What’s in Today’s Article?

• About the Sambhal Mosque Dispute
• Historical Context of the Shahi Jama Masjid
• Legal Context of the Shahi Jama Masjid
• Broader Implications of the Sambhal Mosque Dispute
• Conclusion

About the Sambhal Mosque Dispute:

• Background:
  • A petition filed in the Sambhal district court claimed that the 16th-century Jama Masjid was built on the site of an ancient Hari Har Mandir, mirroring similar claims made about mosques in Varanasi, Mathura, and Dhar.
  • The petitioners demanded a survey to ascertain the site's historical and religious character.
  • The Shahi Jama Masjid, a protected monument under the Ancient Monuments Preservation Act, 1904, is listed as a Monument of National Importance by the Archaeological Survey of India (ASI).
    • This makes the case legally and culturally sensitive.
• Court-ordered surveys and resulting unrest:
• A court-ordered photographic and videographic survey was conducted peacefully with local authorities and mosque committee members present.
• However, a second survey led to violent clashes. The arrival of a petitioner accompanied by chanting crowds sparked protests near the mosque.
• Allegations surfaced of police firing, leading to the deaths of five individuals, including teenagers. Locals accused the police of excessive force and property damage, claims the police denied.
• Allegations of the locals:
  • Survey order issued immediately after the petition was filed, without determining whether the Hindu side’s claims were maintainable.
  • The survey began before parties could challenge the order in higher courts, bypassing critical procedural safeguards.

Historical Context of the Jama Masjid:

• Construction: During Mughal Emperor Babur's reign (1526–1530) by his general, Mir Hindu Beg, the Jama Masjid is a significant example of early Mughal architecture.
  • It is one of the three mosques built during the reign of Babur - the other two being the mosque in Panipat and the Babri Masjid in Ayodhya which was demolished in 1992.
• Architectural features:
  • Built on a hill at the center of Sambhal.
  • Features a large square mihrab hall with a dome, flanked by arches.
  • Constructed using stone masonry and plaster, resembling structures like the mosque in Budaun.
  • Repaired under Jahangir and Shah Jahan in the 17th century.
• Historical debate: Some scholars argue it may have Tughlaq-era origins, with Babur adding modifications.
• Hindu beliefs: Local tradition claims the mosque incorporates remnants of a Vishnu temple, believed to be the site of the arrival of Kalki, the tenth avatar of Vishnu.

Legal Context of the Jama Masjid:

• The Places of Worship Act, 1991: The dispute has reignited debates around the Places of Worship Act, which mandates maintaining the religious character of all sites as of August 15, 1947, barring the Babri Masjid dispute.
• Key provision: Section 3 of the Act explicitly bars the conversion of places of worship into sites for different religious denominations.
• Objective: To prevent future conflicts over religious sites and preserve India's secular fabric.
• Challenges to the Act:
  • The petition in Sambhal, seeking a change in the mosque's religious character, directly contravenes the 1991 Act.
  • Petitioners cite oral remarks by Justice D.Y. Chandrachud in 2022, suggesting the ascertainment of religious character may not violate the Act.
• Pending Supreme Court cases: Four petitions challenging the Act are under consideration, alongside disputes in Varanasi, Mathura, Dhar, and now Sambhal.

Broader Implications of the Sambhal Mosque Dispute:

• Legal precedents: Interpretation of the 1991 Act amid rising challenges.
• Historical accountability: Balancing archaeological studies with communal harmony.
• Communal peace: Preventing violence and ensuring coexistence among communities.

Conclusion: The Sambhal Mosque dispute case underscores the delicate interplay between history, law, and social harmony in India's pluralistic society.