Article by Tanay Kulkarni, a student of VES College of Law, Mumbai
On 26th February 2024, the Allahabad High Court upheld the order given by the Varanasi district court which allowed the Hindu pilgrims to pray inside the Vyas Tehkhana of the Gyanvapi Mosque. The High Court orders comes after the appeal filed by Anjuman Intemazia Masjid committee (AIMC) challenged the district court order of 31st January, 2024.
A year before that, i.e. on 21st July,2023 Varanasi district court directed the Archaeological Survey of India (ASI) to conduct a “Scientific Survey” of the mosque premises to find out if it has been built over a pre-existing Hindu temple. The ASI then submitted its findings in a sealed cover to the Varanasi district court. The report stated that the mosque was built over a pre-existing structure of a Hindu temple and parts of the temple were used in building the mosque.
In this article we will learn about the disputed Gyanvapi mosque, its history and the latest court judgements.
History
The Gyanvapi Mosque, situated in Varanasi, Uttar Pradesh, India, is a site of immense historical and religious significance. The masjid has a rich history and is also caught up in dispute with the neighboring Kashi Vishwanath temple.
The site of the Gyanvapi Mosque is believed to have originally housed the Kashi Vishwanath Temple, one of the most revered Hindu temples dedicated to Lord Shiva. The Kashi Vishwanath Temple has a history that dates back to ancient times and has been a major pilgrimage site for Hindus. Varanasi, also known as Kashi, is one of the oldest living cities in the world, with a rich cultural and religious heritage. The Kashi Vishwanath Temple has been a symbol of Hindu devotion for centuries, and its location near the Ganges River adds to its spiritual significance.
In 1669, during the reign of the Mughal Emperor Aurangzeb, the Kashi Vishwanath Temple was destroyed, and the Gyanvapi Mosque was constructed on its site. This action was part of Aurangzeb’s broader campaign against Hindu temples, which he saw as centers of potential rebellion and non-Islamic practices. The name “Gyanvapi” translates to “Well of Knowledge,” referring to a sacred well located within the mosque complex. The well is believed to have historical and religious significance, and according to Hindu belief, it is where the original linga (Shivling) of the destroyed Vishwanath Temple was hidden to protect it from Aurangzeb’s forces.
It is a unique mosque with one of a kind Hindu and Mughal architectural traditions. There are parts of the mosque with texts from sacred Hindu books inscribed on the wall which suggest that the mosque was built over the remains of the temple. During the British colonial period, the Gyanvapi Mosque and the surrounding area continued to be a focal point of Hindu-Muslim tensions. The colonial authorities often took a hands-off approach to religious disputes, further complicating the situation.
While we are studying about the history of the mosque, let us also get an insight of the Kashi Vishwanath temple-
The Kashi Vishwanath Temple is believed to have origins dating back to ancient times. Varanasi, also known as Kashi, is one of the oldest continuously inhabited cities in the world and has been a major cultural and religious center for Hindus. The temple is dedicated to Vishwanath, a manifestation of Lord Shiva as the “Lord of the Universe.” The temple has a long history of destruction and reconstruction. It is believed that the original temple was destroyed multiple times by various invaders. The first recorded destruction was by the Muslim invader Qutb-ud-din Aibak in 1194 CE. The temple was rebuilt by local Hindu kings and devotees each time it was destroyed.
The most significant destruction occurred in 1669 CE during the reign of the Mughal Emperor Aurangzeb. Aurangzeb ordered the demolition of the Kashi Vishwanath Temple and constructed the Gyanvapi Mosque in its place. The temple’s Shiv-linga is believed to have been hidden in a well (the Gyanvapi well) to protect it from destruction. The demolition of the temple by Aurangzeb was a significant blow to Hindu devotees and led to a period of great turmoil. Despite the mosque’s construction, the site remained a focal point of Hindu devotion, and clandestine worship continued.
In the 18th century, efforts to restore the temple were spearheaded by the Maratha rulers, particularly Maharani Ahilyabai Holkar of Indore. In 1780, Ahilyabai Holkar reconstructed the Kashi Vishwanath Temple at a nearby site, adjacent to the Gyanvapi Mosque. This temple structure still stands today and is a prominent pilgrimage destination. Subsequent Hindu rulers and patrons, including Maharaja Ranjit Singh of Punjab, contributed to the temple’s upkeep and embellishments. Maharaja Ranjit Singh donated a ton of gold to gild the temple’s dome, enhancing its grandeur.
After India’s independence in 1947, the dispute over the Gyanvapi Mosque persisted. To address such conflicts, the Indian government enacted the Places of Worship (Special Provisions) Act in 1991, which aimed to maintain the religious status quo of all places of worship as they existed on August 15, 1947. The Act was designed to prevent new religious disputes from arising by preserving the character of places of worship as they were at the time of independence.
How it all began?
In 1991, a group of Hindu devotees filed a petition in a Varanasi court seeking permission to worship at the Gyanvapi Mosque site. They claimed that the mosque was built over the ruins of the Kashi Vishwanath Temple and that they should be allowed to perform rituals at the site. Not only that but they also demanded that the structure of the mosque should be demolished and the original temple should be restored. Law suits were filed seeking ownership and control of the disputed area by the Hindus.
To address such disputes and maintain communal harmony, the Indian Parliament enacted the Places of Worship (Special Provisions) Act in September 1991. The Act aimed to preserve the religious character of places of worship as they existed on August 15, 1947, and to prevent new claims from arising over the ownership of such sites.
Key provisions of the Places of Worship (Special Provisions) Act, 1991
It was enacted to freeze the status of religious places of worship as they existed on August 15, 1947, and prohibits the conversion of any place of worship and ensures the maintenance of their religious character.
- Status Quo Maintenance
The Act mandates that the religious character of any place of worship as it existed on August 15, 1947, must be maintained. This means that any place that was a temple, mosque, church, or any other place of worship on that date should continue to be so.
- Prohibition of legal claims
The Act bars any new legal claims or proceedings concerning the conversion of the religious character of a place of worship from one faith to another. This provision was specifically intended to prevent communal tensions and disputes from escalating.
- Exemption for Ayodhya
The Act explicitly exempted the Ram Janmabhoomi-Babri Masjid site in Ayodhya, which was already under litigation and a focal point of intense religious and political conflict at the time.
Recent updates
In 2019 after the Supreme Court passed the judgement for the Babri Masjid- Ram Janmabhoomi dispute, a lawyer filed a petition in the district court. The court allowed ASI to conduct a survey of the mosque premises. There were a lot of extensions and challenges on the court order. Then in 2021, the Allahabad high court put a halt on the district court decisions stating that it goes against the Places of worship act, 1991.
In 2022, five Hindu women filed a plea in the Varanasi district court demanding access to worship the Maa Shringar Gauri Sthal (holy place) in the mosque premises. The court ruled in the favor of the Hindu women and allowed pilgrims to access the location inside the mosque premises. The court stated that the plea was not barred by the Waqf Act,1995 & The Places of Worship Act, 1991. After the verdict was given, the Anjuman Intezamia Masjid Committee (AIMC) challenged the decision in the Allahabad High Court.
On 1st June, 2023 the Allahabad High Court upheld the decision of the district court and dismissed the plea filed by AIMC.
On 21st July, 2023 the Varanasi district court directed the Archaeological Survey of India (ASI) to conduct a survey of the mosque to determine if it was built over a pre-existing structure of a temple. The AIMC filed an appeal in the Supreme court. In Aug, 2023 the court asked ASI not to conduct any survey in the Wazukhana area of the mosque.
The ASI took 5 months to complete its report on the survey and it submitted it to the court on Dec 12,2023. The court asked the ASI to make the report public on Jan 24, 2024.
Highlights of the survey-
- During the survey various idols of Hindu deities were found including those of Ganesh, Nandi and Hanuman.
- Several Yonipattas, which is the base of the shivling was also discovered.
- Nearly 32 inscriptions were found on the walls of the mosques. It is believed that the same parts were used in the construction of the mosque. The inscriptions were in Telugu, Kannada, Grantha and Devanagri scripts.
- Marks of Swastik and Trishul were found on various structures.
The ASI also explicitly stated that the mosque was built over a structure of a pre-existing temple.
The district court ruled that on 31st January that a Hindu priest can perform prayers in the Tehkhana or Basement of the Mosque. The priest will be selected by the Kashi Vishwanath Temple Trust.
Conclusion
The Gyanvapi Mosque dispute is emblematic of the complex interplay between religion, law, and politics in India. The Places of Worship (Special Provisions) Act, 1991, represents a significant legislative effort to preserve communal harmony and prevent new religious disputes. However, the ongoing legal battles and persistent claims indicate the deep-seated historical and religious sensitivities surrounding such sites. The resolution of the Gyanvapi dispute will likely continue to be a significant and sensitive issue in India’s socio-political landscape. It underscores the challenges of reconciling historical grievances with contemporary legal principles and the need for sensitive and judicious handling of religious disputes. As the legal process unfolds, the resolution of this case will have profound implications for India’s secular fabric, communal harmony, and the interpretation of constitutional rights and legislative protections.
Frequently Asked Question’s (FAQs)
- What is the Gyanvapi mosque dispute?
The Gyanvapi Mosque dispute revolves around claims by Hindu groups that the mosque, located in Varanasi, Uttar Pradesh, was built in the 17th century by Mughal Emperor Aurangzeb after demolishing a portion of the original Kashi Vishwanath Temple. This has led to legal battles and calls for archaeological investigations to determine the site’s historical origins.
- What is the significance of Kashi Vishwanath temple?
The Kashi Vishwanath Temple is one of the most sacred Hindu temples dedicated to Lord Shiva. It has been a major pilgrimage site for centuries and holds immense religious and cultural significance for Hindus.
- What is the Places of Worship (Special Provisions) Act, 1991?
The Places of Worship Act was enacted to preserve the religious character of places of worship as they existed on August 15, 1947. It prohibits changing the status of such sites and aims to prevent new disputes over religious places. The Act excludes the Ayodhya site, which was already under litigation at the time.
