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The Gyanvapi Mosque Dispute: A Deep Dive into Historical and Legal Perspectives

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The Gyanvapi Mosque Dispute: A Deep Dive into Historical and Legal Perspectives

  • 09 Aug, 2023
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The Gyanvapi Mosque Dispute: An Overview

The Gyanvapi Mosque Dispute stands as a significant legal and historical controversy centered around the Gyanvapi Mosque in Varanasi, Uttar Pradesh, India. This complex matter involves competing claims regarding the origins of the mosque and whether it was constructed on the site of the original Kashi Vishwanath Temple.

Timeline of Legal Proceedings

In 2022, the Gyanvapi Mosque Dispute escalated to the Supreme Court, highlighting the urgency and importance of the case.

Main Issues at Stake

The core issues of the Gyanvapi Mosque Dispute revolve around ownership and the right to worship at the mosque. Various Hindu groups assert that the mosque was erected on the site of the original temple, while the mosque's management and the Sunni Central Waqf Board contest these claims, opposing archaeological surveys and affirming that no temple existed at that location.

The 2021 Petition

A pivotal moment in this dispute occurred when five Hindu women associated with the Vishwa Vedic Sanatan Sangh filed a petition in 2021 before a Varanasi Civil Court. This petition sought permission to worship the idols of Maa Shringar Gauri, Lord Ganesh, Lord Hanuman, and Nandi, which are believed to be situated within the Gyanvapi mosque. The women also aimed to prevent any potential damage to these sacred statues.

Legal Framework: Places of Worship Act, 1991

The Places of Worship (Special Provisions) Act, 1991, plays a crucial role in the Gyanvapi Mosque Dispute. Enacted partly in response to the Babri Masjid-Ram Janma Bhoomi controversy, this Act stipulates that the character of a place of worship shall remain unchanged from its status on August 15, 1947. The management committee of the Gyanvapi mosque argued that conducting a survey would violate this important provision.

Survey Developments

In 2022, a confidential survey mandated by the court took place at the Gyanvapi Mosque complex, accompanied by interruptions and protests. Hindu petitioners claimed to have discovered a 'Shivling' near the 'wazukhana', which is a water tank used for ritual ablutions before namaz. However, representatives from the mosque management committee refuted these claims, suggesting that the object was merely part of a fountain.

Supreme Court Proceedings

During the Supreme Court proceedings, the court opted not to stay the survey but agreed to schedule a hearing on the matter, reflecting the ongoing legal complexities surrounding the issue.

Historical Context and Resurgence

The Gyanvapi Mosque Dispute has a long-standing history, with petitions initiated by Hindu priests seeking permission to worship inside the mosque complex, asserting that it forms part of the original Kashi Vishwanath Temple. This dispute gained renewed attention following the Supreme Court's verdict on the Ayodhya case.

Impact Beyond Varanasi

The Gyanvapi Mosque controversy has sparked similar disputes across the country, including the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura. Moreover, the Supreme Court has instructed the Registrar General of the Allahabad High Court to provide details regarding suits related to the Mathura dispute, signaling the far-reaching implications of this legal battle.

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