A protracted and bitter disagreement between the Hindu and Muslim communities has erupted over the Gyanvapi Mosque in Varanasi, Uttar Pradesh, because the former believes it to be the location of the original Kashi Vishwanath Temple, dedicated to Lord Shiva. The Hindu population, especially those who are followers of Lord Shiva, strongly maintain that the mosque was built after the old temple was demolished and they are in favour of the temple being rebuilt at the site in question. This claim is based on a plethora of historical evidence, including accounts from historians and modern travelers, and it suggests that the mosque was built on the site of the temple.
Lately, there have been deliberate efforts to explore the historical and archaeological records pertaining to the Gyanvapi Mosque in an effort to clarify its historical ancestry and its connection to the former temple. The involvement of prestigious institutions like the Archaeological Survey of India has been essential in closely examining the site’s historical background and architectural layout, providing insight into its origins.[1]
Both historical accounts and academic research confirm the presence of the ancient Kashi Vishwanath Temple, which was built in Varanasi, a popular Hindu pilgrimage site. Unfortunately, the temple was destroyed in the 17th century during the reign of Mughal Emperor Aurangzeb, which made it possible to build a mosque on its sacred grounds that is today known as the Gyanvapi Mosque.
The Hindu population, especially those who are followers of Lord Shiva, strongly maintain that the mosque was built after the old temple was demolished and they are in favour of the temple being rebuilt at the site in question. This claim is based on a plethora of historical evidence, including accounts from historians and modern traveller’s, and it suggests that the mosque was built on the site of the temple.
Lately, there have been deliberate efforts to explore the historical and archaeological records pertaining to the Gyanvapi Mosque in an effort to clarify its historical ancestry and its connection to the former temple. The involvement of prestigious institutions like the Archaeological Survey of India has been essential in closely examining the site’s historical background and architectural layout, providing insight into its origins.
Role of PLACE OF WORSHIP ACT, 1991[2]
The law passed by the P.V. Narasimha Rao government on September 18, 1991, are crucial for maintaining the religious significance and cultural integrity of India’s sites of worship. It expressly forbids any conversion of these locations and places emphasis on preserving their religious integrity as of August 15, 1947.
Within this legislation, the Ram Lalla Janmabhoomi case is one noteworthy exception. The legal controversy pertains to the location in Ayodhya that is thought to be the birthplace of Lord Ram. This situation is significantly impacted by the statute. Although the Ram Lalla Janmabhoomi verdict contains basic rules intended to preserve the status quo of holy sites, it represents a special case where the legal environment changed.The exception allowed for the resolution of the long-standing dispute through a judicial process, ultimately leading to the construction of a Hindu temple at the site. This landmark judgment not only addressed the legal intricacies of the case but also addressed deep-rooted religious sentiments and historical claims, underscoring the legislation’s role in facilitating peaceful resolutions to complex disputes concerning places of worship
These petitions argue that the Act, by prohibiting the conversion of places of worship and mandating the maintenance of their religious character as of August 15, 1947, unduly restricts the fundamental right to judicial review, a cornerstone of constitutional governance. Moreover, critics contend that the Act encroaches upon the religious freedom of Sikhs, Buddhists, Jains, and Hindus, potentially impeding their ability to exercise their faith freely.
The legal challenge to the Act underscores broader debates surrounding the balance between religious freedom, historical preservation, and constitutional principles. While the Act aims to safeguard the sanctity of religious sites and prevent unauthorized alterations, its implications on constitutional rights and religious practices warrant careful consideration. The pending petitions signal a crucial legal reckoning, wherein the judiciary must navigate complex legal terrain to determine the Act’s compatibility with constitutional guarantees and religious freedoms.
Timeline of whole Controversy
The Legal Battle for the Restoration of the Kashi Vishwanath Temple Site: A Saga of Faith and Heritage -: The Kashi Vishwanath Temple, devoted to Lord Shiva, has been a fixture of Varanasi, one of the holiest cities in Hinduism, for millennia. But turbulent history records a time of destruction and uprooting during the Mughal Empire, when the temple was destroyed and replaced by the erection of a mosque called the Gyanvapi Mosque.
The Petition of 1991[3]:
In 1991, Hindus galvanized by their unwavering devotion and historical grievances, approached the courts seeking redressal. The petition, rooted in a deep-seated yearning for the restoration of the Kashi Vishwanath Temple site, invoked legal avenues to rectify a historical injustice. At its core, the plea resonated with the collective sentiment of millions, echoing across generations of faithful devotees.
Legal Proceedings and Challenges:
Compounded by intricate legal arguments, historical facts, and community sensitivities, the 1991 petition gave rise to a protracted court struggle. The judiciary was faced with the formidable duty of deciding a case that carried deep religious and cultural implications. There were difficulties in balancing conflicting accounts, interpreting old testaments, and figuring out how property rights fit within the parameters of constitutional protections.
Social and Religious Consequences:
The fight to restore the Kashi Vishwanath Temple site had an impact on Indian society’s socio-religious structure even outside of the courtroom. It provoked passionate discussions that went beyond legal arguments to arouse feelings of community cohesion, tradition, and identity.
The pursuit of justice is kept alive over time by a spirit of tenacity and resolve. The 1991 petition is an everlasting example of the never-ending search for justice and truth; it transcends time and resonates with future generations. Driven by unflinching faith and unwavering resolve, the legal battle continues, embodying the indomitable spirit of a people united in their pursuit of justice and restoration.
In summary, the 1991 appeal for the restoration of the site of Kashi Vishwanath Temple is a ray of hope and resiliency in the legal landscape of India. It represents the meeting point of justice, heritage, and faith, tying history and customs together into a story with lasting importance. The legal drama highlights the significant influence of cultural legacy and religious symbolism in forming the parameters of legal discourse and public awareness as it progresses.
2019: A petition is filed after the Supreme Court’s Babri Masjid-Ram Janmabhoomi verdict, requesting a similar survey of the Gyanvapi Mosque-:
Following the Supreme Court’s decision in the Babri Masjid-Ram Janmabhoomi dispute in 2019, a noteworthy occurrence took place. Another petition was filed in response to this decision, which resolved a protracted legal fight over a contested location in Ayodhya. This time, the petition sought to start a comparable investigation of Varanasi’s Gyanvapi site.
For both Muslims and Hindus, the Gyanvapi Mosque in Varanasi holds sacred significance. Comparable to the Babri Masjid-Ram Janmabhoomi site, it has been the focus of historical debate and legal contention, however. Some Hindus think that the Kashi Vishwanath Temple, an existing Hindu temple devoted to Lord Shiva, was demolished before the Gyanvapi Mosque was constructed.
A similar request was made for the Gyanvapi site after the Supreme Court ruled on the Babri Masjid-Ram Janmabhoomi controversy, which required a thorough archeological examination of the site. The objective was to carry out a comprehensive study to verify the historical provenance of the location and identify any indications that a Hindu temple ever stood beneath the mosque.
This petition is a reflection of the continued legal and historical investigation into India’s holy sites as well as the attempts to make amends for past wrongs and maintain religious unity. It emphasizes how crucial careful investigation and open judicial procedures are to settling delicate and complicated conflicts involving religious tradition and identity.
Four Main Findings of this petition were-
1.The petition challenges the Constitutional validity of the Act that bars judicial review and abridges the right to religion of Hindus, Jains, Buddhists, and Sikhs.
2.At least two pending petitions question the Act’s validity on the grounds mentioned above.
3.The Supreme Court issued notice on one of the petitions in March 2021, but the Centre has not yet filed its reply.
4.The petition raises concerns about the Act’s impact on religious rights and the principle of judicial review, which is considered a basic feature of the Constitution.
The Archaeological Survey of India Survey at the Gyanvapi Mosque Site 2021-22[4]
The Archaeological Survey of India (ASI) is a government organization in India responsible for the archaeological research, conservation, and preservation of the country’s cultural heritage. It was founded in 1861 by Alexander Cunningham, a British officer, and is one of the oldest archaeological departments in the world.
The primary functions of the ASI include conducting archaeological research, excavations, conservation, and preservation of ancient monuments and sites across India.
The ASI oversees and manages numerous heritage sites, including iconic landmarks such as the Taj Mahal, Qutub Minar, Ajanta and Ellora Caves, and Hampi, among many others.
ASI plays a crucial role in educating the public about India’s archaeological heritage through exhibitions, publications, and outreach programs.
In the long-running controversy over the historical provenance of the site, the Archaeological Survey of India (ASI) survey at the Gyanvapi Mosque site in Varanasi between 2021 and 2022 was a crucial turning point. The results of the survey became a source of controversy, with the Muslim and Hindu groups putting out opposing arguments and disputing the meaning of the archaeological data. This in-depth analysis aims to explore the complexities of the ASI poll by examining its methodology, results, and the subsequent social and legal fallout.
Survey-: In Varanasi, the Archaeological Survey of India (ASI) conducted a comprehensive survey of the Gyanvapi Mosque site in 2021–2022. The goal of this project was to investigate the site’s historical beginnings, a topic of much discussion and disagreement. The results of this poll have provoked intense debates and legal wrangling, which is indicative of the complex socio-religious landscape that surrounds the site. [5]
The ASI used a multidisciplinary approach to carry out the survey, including archival research, architectural analysis, and archaeological digs. Sifting through layers of history, expert teams painstakingly documented structural elements and searched historical documents for clues about the site’s past.
Surprising results from the survey indicate that there may have once been a Hindu temple under the Gyanvapi Mosque. Findings include temple foundations, pillars, and engravings provided a clear picture of the location’s prehistoric past. Allegations that the temple predated the construction of the mosque were further supported by inscriptions and epigraphic evidence.
These conclusions weren’t without debate, though. Muslim community representatives questioned the evidence’s interpretation and the claim of a pre-existing temple, which was based on the existence of Hindu architectural features. There were subsequent court cases in which plaintiffs from Muslim and Hindu backgrounds offered divergent interpretations of the archaeological data.
The results of the ASI survey have influenced ongoing legal processes concerning the Gyanvapi Mosque site, with far-reaching legal implications. The information has been highlighted by Hindu petitioners seeking the return of the place to its Hindu origins. On the other hand, Muslim litigants have attempted to contest in court the legitimacy and admissibility of the ASI conclusions.
Furthermore, the survey results have fueled suspicion and divisiveness along religious lines, exacerbating communal tensions among the local community. To lessen these tensions, efforts have been made to promote communication and interfaith projects, highlighting the significance of knowing one another and coexisting peacefully in the face of conflict.
To sum up, the ASI study conducted at the location of the Gyanvapi Mosque has rekindled discussions about communal identity and religious history. Reasoned discussion and fair resolution are still essential as long as legal disputes and social unrest exist. In the end, the search for the truth and peace must cut over differences in opinion and support the common ideals of tolerance and pluralism.
To sum up, the ASI study conducted at the location of the Gyanvapi Mosque has rekindled discussions about communal identity and religious history. Reasoned discussion and fair resolution are still essential as long as legal disputes and social unrest exist. In the end, the search for the truth and peace must cut over differences in opinion and support the common ideals of tolerance and pluralism.
Current Landscape and Survey Findings: An Analysis
During a recent examination of the Gyanvapi mosque complex, the Archaeological Survey of India (ASI) discovered 55 stone carvings, including idols of Hindu deities.
According to the ASI study, a temple “appears to have been destroyed in the 17th century, during the reign of Aurangzeb, and part of it was modified and reused in the existing structure.”
Within the mosque complex, the survey discovered pieces of what appear to be Hindu deity statues, such as those of Hanuman, Ganesha, and Nandi.
Numerous statues and sculptures, including those of Hanuman, Krishna, Ganesha, Vishnu, and Shiva linga, were discovered in varied levels of deterioration.
Several yonipattas, the base of a shivling, were discovered during the survey -: The discovery of yonipattas[6] , the base of a shivling, during a survey near the Gyanvapi Mosque in Varanasi is significant. The mosque, built by Aurangzeb on the site of a Hindu temple, now faces controversy over the ownership of the land. The presence of yonipattas suggests a pre-existing temple dedicated to Lord Shiva. This discovery raises questions about the site’s history, religious practices, and the impact of the mosque’s construction. It intensifies the ongoing debate between Hindu and Muslim groups, highlighting the deep-rooted religious tensions in the region and adding complexity to the dispute over the Gyanvapi Mosque.
The discovery of thirty-two inscriptions in scripts such as Devanagari, Grantha, Telugu, and Kannada during the Gyanvapi site investigation yielded important historical and cultural data. [7]These inscriptions, which were discovered on the stones of an ancient Hindu temple, reflect the demolition of prior structures because they were reused during the building and maintenance of the current edifice. This discovery provides insight into the site’s intricate historical layers and the evolving cultural exchanges.
Furthermore, the structure’s historical significance is further enhanced by the presence of marks like the trident and swastika. The trident, a sign connected to Lord Shiva in Hinduism, and the swastika, an ancient symbol used by many civilizations, shed light on the religious and cultural customs that have been entwined with the location. These emblems at the Gyanvapi mosque show the persistence and development of cultural customs in addition to reflecting historical religious beliefs. The survey’s overall results highlight the site’s rich historical and cultural legacy and highlight how crucial it is to comprehending the region’s many tiers of history and civilization.
Numerous artifacts, such as coins and a sandstone slab inscribed in Persian, were unearthed during the survey. Persian inscriptions on stone slabs provided historical accounts of the temple’s demolition during Aurangzeb’s reign in the 17th century.
In general, the ASI study conducted at the Gyanvapi mosque site has illuminated the complex’s historical strata and provided insights into the site’s past as well as its relevance in India’s rich religious and cultural legacy.
Conclusion & Analysis -:
The decision of the committee overseeing the Gyanvapi mosque in Varanasi to hand it over to Hindus without discrimination marks a significant development in the longstanding dispute surrounding this site. As I reflect on this decision, I find myself contemplating its implications from both religious and historical perspectives.
Firstly, from a religious standpoint, the decision to hand over the mosque to Hindus signifies a gesture of inclusivity and harmony. It acknowledges the deeply rooted religious sentiments attached to the site by both Hindu and Muslim communities. By fostering an environment of mutual respect and understanding, this decision has the potential to promote interfaith dialogue and reconciliation, paving the way for peaceful coexistence among diverse religious communities.
Moreover, considering the historical significance of the Gyanvapi mosque dispute, the decision holds profound implications. The dispute surrounding the mosque’s origins, particularly its alleged construction upon the ruins of the Kashi Vishwanath Temple by Aurangzeb, has been a contentious issue for centuries. By addressing this dispute and reaching a resolution that accommodates the interests of all stakeholders, the committee has taken a step towards preserving historical truth and fostering cultural heritage.
On a personal level, I view this decision as a positive development that has the potential to enhance the popularity and significance of the Gyanvapi mosque. By embracing inclusivity and recognizing the shared heritage of the site, the mosque can serve as a symbol of unity and tolerance. This, in turn, may attract greater attention and reverence from both local devotees and visitors alike, thereby bolstering its spiritual and cultural significance.
However, it is essential to acknowledge that this decision may not be without its challenges and complexities. The process of handing over the mosque to Hindus must be conducted with sensitivity and careful consideration to ensure that the rights and interests of all parties involved are respected. Additionally, ongoing efforts to promote dialogue and understanding between Hindu and Muslim communities will be crucial in sustaining the harmony and coexistence fostered by this decision.
In conclusion, the decision of the committee to hand over the Gyanvapi mosque to Hindus represents a significant milestone in the resolution of a complex and longstanding dispute. By embracing inclusivity and acknowledging the site’s shared religious and historical significance, this decision has the potential to foster unity, promote cultural heritage, and pave the way for peaceful coexistence in Varanasi and beyond.
[1] Gyanvapi Mosque: Exploring The Splendor Of History And Controversy by Tridha Gosain available at http://surl.li/qwzjv
[2] THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT 1991
NO. 42 OF 1991 available at https://www.mha.gov.in/sites/default/files/PlaceWorshipAct1991.pdf#pagemode=thumbs
[3] Gyanvapi mosque case: What is the 1991 suit, why it was revived ,by Asad Rehman , Apurva Vishwanath available at https://indianexpress.com/article/explained/explained-law/allahabad-hc-gyanvapi-case-explained-9074618/ (Last updated December 20, 2023 10:13 IST)
[4] Archaeological Survey of India available at https://asi.nic.in/ , visited on 25,Feb,2024.
[5] ASI’s Survey Report Says a Large Hindu Temple Existed Under the Gyanvapi Mosque by Omar Rashid available at https://thewire.in/law/asis-survey-report-says-a-large-hindu-temple-existed-under-the-gyanvapi-mosque (Last updated January 26, 2024)
[6]Shivalinga – A Devotional Representation of Lord Shiva available at
https://hindutempletalk.org/2020/07/01/shivalinga-a-devotional-representation-of-lord-shiva/amp/ published by Admit
[7] ASI report says temple existed at the site of Gyanvapi mosque: 5 key takeaways by Written by Alind Chauhan available at https://indianexpress.com/article/explained/asi-report-temple-gyanvapi-mosque-9129224/ (Last updated January 26, 2024 18:39 IST)
Author: Vaibhav Sanwal
Juris Centre 