From UP's Gyanvapi to MP's Bhojshala: Temple-mosque legal disputes play out in courts

In April 2024, the top court refused to stay a 'scientific survey' of the Bhojshala in Madhya Pradesh’s Dhar district

NEW DELHI: Mandir-masjid disputes are not uncommon in India. In fact, since the Supreme Court's landmark ruling in the Ayodhya Ram Janmabhoomi dispute in 2019, several such cases have taken centrestage in the country. On Monday itself, the Supreme Court heard two such cases, one involving the Gyanvapi mosque in Varanasi and the other pertaining to the Bhojshala dispute in Madhya Pradesh.

Here's a look at some of these prominent cases and where they stand currently:

Gyanvapi-Kashi Vishwanath

The case dates back to 1991 when a few locals filed a petition before the Varanasi high court demanding the restoration of Gyanvapi land to the Kashi Vishwanath temple. The petition also sought removal of Muslims from the complex and the demolition of the mosque. They claimed that the mosque was constructed on Aurangzeb's orders after demolishing a part of the temple (dedicated to Lord Shiva) in the 16th century.

In its latest verdict, the Supreme Court on April 1 declined to stay Hindu prayers in the southern cellar of the Gyanvapi mosque. The Gyanvapi mosque management committee had filed an appeal challenging the decision of Allahabad HC that upheld the Varanasi court's order allowing Hindus to offer prayers in the southern cellar of the mosque.

In its scientific survey report, ASI concluded that a Hindu temple existed in the complex prior to the construction of the current structure. In 2023, the agency was directed by the Varanasi district court to conduct a survey of the mosque and and ascertain whether it was built over a pre-existing structure of a Hindu temple.

Bhojshala-Kamal Maula

The Archaeological Survey of India (ASI) is currently conducting a survey of the Bhojshala Temple-cum-Kamal Maula Mosque complex in Madhya Pradesh's Dhar district where Hindus perform prayers on Tuesdays and the Muslims offer namaz every Friday.

The Hindus consider Bhojshala as a temple of Goddess Waghdevi (Saraswati) and the Muslims see it as Kamal Maula's mosque and there have been numerous occasions when tensions erupted over offering prayers on Basant Panchami (Hindu festival) falling on Fridays. While the ASI assigns separate worship hours for both communities on such occasions, the arrangement has not been fruitful in preventing communal frictions.

Despite the ASI order, communal disputes have arisen whenever the Hindu festival of Basant Panchami was observed on Fridays. It was in May 2022 that a Hindu outfit filed a PIL challenging the 2003 ASI order imposing restrictions on Hindus to offer prayers daily at Bhojshala.

Last year, tensions erupted in Dhar yet again after an idol of Goddess Saraswati was found inside the monument. Upon removal of the idol by the district administration, there were protests called by Hindus outfits.

The Supreme Court on April 1 permitted the ASI to continue its ongoing scientific survey of the Bhojshala complex, which the Hindus believe was built by Raja Bhoj.

The survey was directed by the MP high court after the Hindu side claimed that the mosque was constructed after destroying the structures of 'Waghdevi' temple of Goddess Saraswati.

Shahi Idgah-Krishna Janmabhoomi

In a case similar to that of the Gyanvapi-Kashi Vishwanath dispute, Hindu petitioners claimed that the Shahi Idgah was built during Aurangzab's reign in the 17th century after demolishing a large number of Hindu temples and religious sites. In September 2020, an advocate and six other people filed a plea in the lower court in Mathura demanding removal of the Idgah from the complex it shares with the Katra Keshav Dev temple, near Lord Krishna's birth place.

The petitioners claimed that there were a few signs which, as per their knowledge and understanding, indicate that the disputed property was a Hindu temple. In a huge blow to the Muslim side, the Allahabad HC in 2023 rejected all petitions by the mosque committee challenging civil suit that seek restoration of a temple.

On April 1, the Muslim side (UP Sunni Central Waqf Board and Shahi Idgah management committee) counsel argued that the title suit is not maintainable as it is barred by the Waqf Act provisions as well as that of the Places of Worship Act 1991. The Act prohibits conversion of any place of worship. According to the counsel, both parties had entered into an agreement in 1968 and that the same was confirmed in a civil suit in 1974. The Muslim side submitted that the suit has been filed for possession after the removal of the structure of Shahi Idgah Masjid.

Since 2020, over a dozen cases have been filed in Mathura courts over the Krishna Janmabhoomi issue.

Places of Worship Act: Significance & challenges

The Places of Worship Act 1991 prohibits the conversion of any place of worship and provides for maintenance of the religious character of any place of worship as it existed on August 15, 1947. It was introduced by the Congress govt under then Prime Minister PV Narasimha Rao to prevent communal clashes on issues such as the Babri Masjid.

Advocate Ashwini Upadhay and Vishwa Bhadra Pujari Purohit Mahasangh moved the Supreme Court challenging the 1991 Act arguing that it has barred Hindus, Buddhists, Sikhs and others from approaching courts to re-claim their places of worship which have been encroached upon and destroyed by 'invaders'.