Skip to main content

Faith as law? Crucial 1949 episode on Ram Lalla 'missing' in Supreme Court order

Gobind Ballabh Pant with Nehru
By Kamal Mitra Chenoy*
The Supreme Court seems to have recognised faith as a key issue in the Babri Masjid affair. But it is sloppy. There is no mention of the British Judge asked by the Hindus in 1885 to have access to the Ram Chabootra (Ram platform inside the Babri Masjid). The Judge regretted that this claim was brought to him late, and should have been resolved much earlier.
Later in 1934, there was an attack by villagers on the Babri Masjid. They were fined by the British. Further, they had to rebuild the central dome of the Babri Masjid with cement which was damaged. Contrary to popular belief the Masjid was quite sturdy.
The Supreme Court noted that “the incident on the night between December 22-23, 1949, when a group of 50 to 60 persons installed idols on the pulpit of the mosque below the central dome. This led to the desecration of the mosque and the ouster of the Muslims...”
However, as the correspondence between Jawaharlal Nehru and Uttar Pradesh chief minister Gobind Ballabh Pant shows of the events of December 22-23, 1949, as noted in Nehru’s Select Correspondence at the time, GB Pant instigated the insertion of the Ram Lalla idol at that time. As Nehru’s correspondence shows he was extremely worried and urged GB Pant to remove the idol which he refused to do.
This episode is missing in the Supreme Court discussion. The correspondence on the Ram Lalla idol was an extremely important and critical piece of information, as it was smuggled into the Babri Masjid.
Rajiv Gandhi in 1986 put pressure on the Uttar Pradesh police officer and the District Magistrate to open the locks in the Babri Masjid, despite the fact that the Faizabad Court was shut on Saturday. However, the Babri Masjid locks were opened to worshippers. But the Muslims were not informed.
Rajiv Gandhi was also under severe pressure in the Shah Bano case on financial support for Muslim divorcees which the Muslim ulema was strongly opposed to. When women leaders met Rajiv Gandhi and stressed the rights of women, Rajiv Gandhi argued that equality for women was a Western concept.
In the next session of the Lok Sabha Saifuddin Choudhary of the CPI(M) critiqued Rajiv Gandhi, pointing out that Rajiv Gandhi had a Western wife! The Muslims found out later that arbitrary action in Faizabad was taken without notice.
Under the circumstances it was clearly an effort to insert the “baby Rama” into the Babri Masjid thereby trying to displace the prayers and claims of the Muslim plaintiffs. The judge later became a BJP MP. This matter should be reconsidered by the Apex Court, as it is a clear violation of the claims of the Muslim side.
As Nehru’s correspondence shows he was extremely worried and urged GB Pant to remove the idol which he refused to do
Many issues, including the illegal insertion of the Ram Lalla by GB Pant in December 22-23, 1949 despite Nehru’s strong objections, have not been monitored. Since then the Ram Lalla has been in Babri Masjid, including also in 1986. So, has the Apex Court adequately dealt with the evidence in earlier years including the Ram Lalla?
The Court has made the acreage of the land occupied by the Hindu side and the Muslims a key issue. But going back in history as late as 1885, the British judge noted the Hindu demand to the Ram Chabutra, but regretted the delay in resolving the issue. But the Ram Lalla was inserted in the Babri Masjid in December 22-23, 1949 and continued for many years. How does this become Hindu?
It was in the Babri Masjid in 1986 that the locks were opened for the Ram Lalla darshan. Again, it was in the possession of the Babri Masjid. So the basis on which the very large portion of land was awarded to the Hindus by the Supreme Court is on questionable grounds in contrast to the five acres for the Muslims.
Is the Apex Court deciding justice on the basis of land, despite the statement that the Muslims have a diminished right to have their own prominent buildings -- only for a tithe of what is awarded to
the Muslim side?
The Hindus have far more land, though the Ram Lalla was installed in the Babri Masjid for many decades. Dr Rajeev Dhawan has raised several issues systematically and forcefully but more remain. Sadly, the Apex Court worked on the belief that the Hindu side was proven by the much greater amount of land, and faith has again trumped the law.
---
*Former professor at the School of International Studies, Jawaharlal Nehru University, New Delhi

Comments

TRENDING

Green Revolution’s reliance on chemical fertilizers, pesticides contributing to Punjab's health crisis

By Bharat Dogra, Jagmohan Singh*  Punjab was once synonymous with robust health, particularly in its rural areas, where farmers were known for their strength and vitality. However, in recent years, reports from these villages tell a different story, with rising cases of serious health issues, including cancer. What led to this decline? The answer lies largely in the erosion of good nutrition, once a hallmark of Punjabi village life. The health of a population is closely tied to its nutrition, and Punjab's reputation as a provider of high-quality nutrition has suffered greatly. The loss of biodiversity in agriculture has led to a decrease in the variety and quality of crops, resulting in poorer nutrition. Pulses, a key source of protein, have seen a steep decline in cultivation due to the disruption of traditional farming practices by the Green Revolution. This has had a detrimental effect on both soil and human health. Although pulses are still available in the market, they are exp

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Bid to isolate India globally 'to drive it even closer' to long-time ally, Russia

By Vidya Bhushan Rawat*  The relationship between India and Canada has plunged to unprecedented lows, with both governments seemingly exploiting the situation for their domestic political gains. Canada has long been home to several anti-India elements, with little action taken against them. When Prime Minister Indira Gandhi was assassinated on October 31, 1984, some of these secessionist groups openly celebrated and issued further threats, particularly from Canada and Britain.  While Britain eventually acted to contain such elements in the interest of maintaining ties with India, Canada did not. Over the years, India has sought the extradition of 23 criminals residing in Canada, but the Canadian government has mostly dismissed these requests, claiming these individuals have no criminal records in their country.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Influence of mining corporations on policy makers 'leading to' erosion of democracy in Odisha

By Bhabani Shankar Nayak*  Odisha is rich in high-quality natural resources, including iron, bauxite, chromite, and manganese ore, as well as a variety of other valuable minerals like coal, limestone, dolomite, tin, nickel, vanadium, lead, graphite, gold, and gemstones. This resource-laden state is responsible for 57% of India’s iron ore production, hosting over 60 operational mines and more than 150 square kilometers under exploration for further mineral deposits. 

How pseudo-liberals 'went wrong' in judging DY Chandrachud as Chief Justice India

By Shamsul Islam*  DY Chandrachud took charge as Chief Justice of the Indian Supreme Court (SC) on November 09, 2022. On this occasion many of the pseudo-liberals who claimed to be defenders of the democratic-secular polity of India manifested great happiness. They declared that the time of SC being an appendage of the RSS-BJP government headed by PM Modi was over as Justice Chandrachud was a liberal judge committed to the democratic-secular polity of India. 

NHRC failing to 'effectively address' human rights violations: NGO groups tell UN-linked body

By Rajiv Shah  In a joint submission to the Global Alliance of National Human Rights Institutions' (GANHRI's) Sub Committee on Accreditation (SCA), two civil society groups -- All India Network of NGOs and Individuals working with National and State Human Rights Institutions (AiNNI) and Asian NGO Network on National Human Rights Institutions (ANNI) --  have said that the  National Human Rights Commission's (NHRC's) accreditation, deferred in  2016, 2023, and 2024, fails to find space on its website.