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Over the past decade, governments led by the Bharatiya Janata Party (BJP) have relentlessly targeted the religious freedom of minority communities, particularly Muslims, and their places of worship. Not only have these sacred sites faced destruction at the hands of crowds, but also through the actions of government agencies and institutions. It appears that a systematic campaign is underway to erase their cultural heritage and historical significance.
The allegation that minority groups, especially Muslims, vote in unison against the BJP holds some truth. However, their concerns are well-founded. Since the formation of the Narendra Modi-led BJP government in 2014, not only have constitutional rights been curtailed, but places of worship have systematically vanished. In Uttarakhand alone, over three hundred mazars (shrines), mosques, and madrasas have been bulldozed in the last four to five years.
The protection of minority rights and religious places is a big question
Delhi, the national capital, has not been spared either. Many mazars, mosques, and madrasas disappeared overnight, right under the nose of the present Prime Minister. Shockingly, these actions were not carried out by unruly crowds but by institutions entrusted with upholding the law, safeguarding people’s rights, and enhancing their quality of life. Consequently, during the recent Lok Sabha elections, minorities grappled not only with their constitutional rights but also with the protection of their religious places.
Muslims harbor a legitimate fear that if the BJP, under Narendra Modi’s leadership, returns to power, they may lose even more of their religious sites in the next five years. This apprehension is not unfounded.
In May 2024, as political temperatures soared, local politics in Jaunpur took an unexpected turn. A lawsuit was filed in the district court, asserting that the renowned Atala Masjid was, in fact, an ancient Hindu temple. The petitioner, advocate Ajay Pratap Singh, cited an Archaeological Survey of India (ASI) report in which a director had labeled the mosque as a temple. Naturally, the Muslim side vehemently opposed this claim.
Atala Masjid
Maulana Shahabuddin, representing the mosque, contends that it belongs to the Sultanate period, constructed by Emperor Feroz Shah Tughlaq in 1393. Historical records indicate that the mosque took fifteen years to complete. Alongside the mosque, Emperor Feroz Shah also established a madrasa. The ASI recognizes this mosque as a national monument.
Despite these facts, the district court accepted the case for hearing, triggering doubts among Muslims about the mosque’s status. Regrettably, this is not the first instance of attempts to seize a mosque through legal disputes. Recently, a similar lawsuit was filed in Lucknow, claiming that the ancient name of the city was Laxman Nagri. Laxman Tila, an ancient Sanatan Dharma heritage site, allegedly transformed into Teele Wali Masjid due to Muslim influence.
Similarly, a dargah in Fatehpur Sikri faces a contentious past. It is claimed that this site was once a temple dedicated to Mata Kamakhya Devi. An application has been filed in the Agra District Court to restore it to Hindus. Additionally, the 800-year-old Jama Masjid in Badaun, Uttar Pradesh, became the subject of a petition by the Akhil Bharatiya Hindu Mahasabha. Their claim? The mosque was constructed by demolishing a Shiva temple.
These legal battles over religious sites underscore the delicate balance between history, faith, and the rule of law. As India grapples with its pluralistic heritage, the judiciary plays a pivotal role in shaping freedom of religion and safeguarding the sanctity of places of worship.
Hindutva organizations have consistently made contentious claims about several revered religious sites across India. These claims extend beyond the state of Uttar Pradesh, affecting places of worship in various regions. Let’s delve into some notable instances:
1. Shahi Eidgah of Mathura, Uttar Pradesh:
o Hindutva groups have contested the historical significance of the Shahi Eidgah, asserting that it was originally a Hindu temple. The dispute surrounding this site has escalated, drawing attention to the delicate balance between faith and heritage.
2. Gyanvapi Mosque of Varanasi, Uttar Pradesh:
o The Gyanvapi Mosque, situated near the revered Kashi Vishwanath Temple, has faced similar allegations. Some claim that it stands on the remnants of an ancient Hindu temple. Legal battles over its status continue.
3. Taj Mahal of Agra:
o Even the iconic Taj Mahal, a UNESCO World Heritage Site, has not been immune to controversy. While not directly related to religious conversion, debates persist about its historical origins and cultural significance.
4. Idgah Maidan in Bengaluru, Karnataka:
o In Karnataka, the Idgah Maidan has become a focal point of contention. The clash between religious narratives underscores the need for respectful dialogue and legal resolution.
5. Charminar in Hyderabad, Telangana:
o The Charminar, an architectural marvel, has also faced claims that it was built atop a Hindu temple. Such assertions challenge the city’s pluralistic heritage.
6. Kamaluddin Mosque in Dhar, Madhya Pradesh:
o The Kamaluddin Mosque in Dhar has witnessed legal battles over its origins. The struggle to preserve its sanctity reflects broader tensions surrounding religious sites.
7. Dargah of Khwaja Garib Nawaz in Ajmer, Rajasthan:
o The revered Dargah of Khwaja Garib Nawaz has not escaped controversy. Claims about its historical roots have fueled debates within the community.
8. Qutub Minar in Delhi:
o The Qutub Minar, an ancient tower, has also been embroiled in disputes. While not directly related to religious conversion, its contested past highlights the need for rigorous historical research.
About two years ago, an RTI inquiry revealed that Aligarh’s Jama Masjid was allegedly constructed on public land. Subsequently, calls emerged to demolish this ancient mosque. It is evident that an organized campaign against Muslim places of worship exists nationwide, with tacit support from the ruling BJP.
As India grapples with its rich tapestry of faiths, preserving the sanctity of religious sites remains a critical challenge. The judiciary’s role in upholding constitutional rights while respecting historical legacies is pivotal.
Cultural Transformations in the Name of Urban Development
Amidst the bustling construction around the historic Parliament House, the Central Vista Redevelopment Project unfolded. New ministries and buildings sprouted alongside the new Parliament House. But progress came at a cost: old structures were razed, and even mosques and mazars were swept away under the pretext of development. The saga continues, with ancient graveyards, madrasas, and mazars in Delhi now squarely in the government’s crosshairs.
Adjacent to the newly minted Parliament House stands a mazar—a sacred tomb. For years, it has graced the entrance of the Central Secretariat Metro Station. Yet, its days may be numbered. The embellishments surrounding it have vanished, and soon, it may be leveled. According to Professor Abdul Qadir Siddiqui from Jamia Hamdard University, these graveyards hold the remains of freedom fighters and eminent personalities. He laments, “In the name of road expansion, the mazars and mosques that predate these roads are being erased.”
The Silent Erasure: Shrines and Sacred Spaces in Delhi’s Urban Transformation
Among Delhi’s prominent mazars was that of Chhotey Mian Chishti in the Mandi House area. This century-old mazar, located three kilometers from the new Parliament House, stood witness to India’s struggle for independence. Yet, on a fateful night last year—April 26, 2023—it vanished. Now, only trees and plants remain. Akbar Ali, the mazar’s caretaker, recalls how he presented relevant documents to the SDM, hoping to save it. But abruptly, under the cover of darkness, the central police force bulldozed this historic tomb.
In the heart of India’s capital, Jhandewalan held a shrine—a testament to centuries past. On a fateful morning of August 20, 2023, at three o’clock, bulldozers descended upon Mama-Bhanja’s Mazar, a tomb steeped in history. Its age, a venerable two and a half centuries, couldn’t shield it from the inexorable march of progress. Wajahat Ali, its caretaker, received a call from the PWD office—the mazar, they claimed, encroached upon the road. Ali promptly submitted documents, but bureaucracy’s wheels ground relentlessly, and the tomb stood no chance.
The Central Election Commission, once steward of another tomb, now witnesses only trees. An EVM machine dummy stands nearby, a stark reminder of what was lost. The grave, once a sanctuary for daily prayers, lies leveled. Mukhtar Ali, an Old Delhi resident, laments, “These sites held religious significance, yet they vanished silently. Hundreds of anonymous graves and tombs erased, their stories forgotten.”
But the saga continues. Over two dozen mosques, madrasas, and mazars in Delhi teeter on the precipice. The mosque near Sunehri Bagh Road, close to Air Force Bhawan, faces imminent danger. The New Delhi Municipal Corporation (NDMC) seeks to dismantle this 150-year-old mosque, citing traffic woes. Despite a court stay, NDMC prepares for demolition, challenging the Delhi Waqf Board’s claim.
Lal Masjid, nestled in Aliganj village along Lodi Road, mirrors this tragedy. NDMC allocated its land and adjacent graveyard to the central police force. The Delhi Waqf Board contends that these Mughal-era mosques and graveyards aren’t NDMC’s property. Bulldozers arrived one night, shattering the silence. By the time the court intervened, the graveyard and madrasa lay flattened, a large part seized.
lal masjid delhi
Changez Khan, a seasoned lawyer, fought in court. While the mosque survived partially, its fate remains uncertain. Nafisa Begum, its guardian, faces pressure to withdraw her case. “Not only have they filed numerous suits,” she says, “now they demand we abandon our mosque.”
In the shadows of Delhi’s urban metamorphosis, sacred spaces vanish, their whispers lost to the winds of change.
BJP rules states have become a crusaders’ battleground!
In BJP-ruled states, places of worship have become battlegrounds, where minor complaints trigger swift government action. This pattern is not new; it has unfolded in states like Gujarat and Madhya Pradesh. In cities such as Jamnagar, Ahmedabad, Vadodara, and Bhopal, mosques and mazars have been razed under the guise of road widening or encroachment removal. The erosion of religious heritage is palpable.
Uttar Pradesh, during Kalyan Singh’s tenure, witnessed the open demolition of Ghaziuddin Ghazi’s tomb in Ghaziabad. This act of destruction reflects a broader trend: governments, local bodies, and courts waging a relentless war against minorities, particularly Muslims. Their sacred spaces are either occupied or obliterated, often under flimsy pretexts.
Consider the recent case of a centuries-old mosque in Delhi’s Mehrauli. According to senior journalist Prashant Tandon, this mosque in the Sanjay Van area stood for generations. Yet, on January 30, the Delhi Development Authority (DDA) bulldozed it under the claim that it encroached upon their land. Mohammad Shahid, a resident of Mehrauli associated with the mosque’s management, asserts, “This mosque predates the very existence of the DDA in Delhi.”
The struggle for religious freedom, minority rights, and cultural preservation remains critical. Legal empowerment and access to justice are essential for safeguarding vulnerable communities and their heritage.
Skeletons of the Babri Mosques
The Babri Masjid dispute has set a precedent, shaping the legal landscape for other religious sites. Tanzeems representing Muslims assert that court doors are not being knocked on in vain. The Babri Masjid, demolished in 1992 by Hindutva organizations, remains a poignant case. The Supreme Court’s decision, granting the disputed land to the Hindu side, reverberated widely. Curiously, those implicated in criminal cases related to the demolition faced no consequences.
Babri Masjid, demolished in 1992
The Babri Masjid dispute is deeply intertwined with India’s identity politics. It reflects tensions between Hindus and Muslims over historical and sacred sites. The case stretched over a century, with courts failing to provide speedy resolution to land-use and ownership claims. Allegations are there that the courts tried to address the issue of historical legacy, instead of settling the issue on the basis of legal merits. Moreover, the court orders were not consistently enforced.
Shahid Siddiqui, a keen observer of historical matters, reflects on the aftermath of the Babri verdict. Initially, it seemed that the Hindu-Muslim dispute had reached its zenith. However, both sides now tread forward, consigning historical ashes. Muslims exhibit patience, while Hindus relinquish claims on other mosques. Yet, earlier assumptions were debunked. Post-Ayodhya, Kashi and Mathura cases resurfaced in court, with new mosque claims emerging regularly.
Gyanvapi -mosque-and-kashi-vishwanath-temple-
Senior advocate Farman Haider Naqvi, representing the Muslim side in the Gyanvapi case, attributes such incidents to the courts’ stance. The Places of Worship (Special Provisions) Act, 1991 stipulates that religious places in India should remain as they existed on August 15, 1947. However, the validity of this status quo is still pending before a three-judge Supreme Court bench. Disappointingly, lower court judges consistently admit cases, issue statements, and alter the nature of worship places.
In the Gyanvapi case in Varanasi, the court ordered a survey and allowed worship in a cellar. District Judge Justice AK Vishwesh ruled that the Hindu petitioners’ plea did not violate the Places of Worship (Special Provisions) Act or the Waqf Act. However, the Anjuman Islamia Mosque Committee objected, claiming it would breach the provisions safeguarding places of worship.
The question of constitutional rights looms large, transcending mere judicial attitudes. It centers on the violation of minority groups’ constitutional rights to manage their religious spaces and worship systems, often masked by legal pretexts. Beyond the freedom of religion enshrined in Articles 25, 26, and 29 of the Indian Constitution, Article 29 specifically addresses the protection of minority interests.
Similarly, Section 3 of the Places of Worship (Special Provisions) Act explicitly prohibits altering the character of any place of worship for any community. The statute emphasizes that the religious essence of a house of worship must remain unchanged from its state on August 15, 1947, as stipulated in Section 4(1). However, this issue extends beyond court disputes or specific places of worship.
How long will the politics of controversies persist?
Vishnu Jain, representing the Hindu side in the Gyanvapi case, asserts that there are at least fifty disputed mosques and monuments across India. Achieving peace necessitates resolving these disputes. Yet, historian Shahid Siddiqui believes that even fifty is not the end. Hindutva organizations compile a list of approximately thirty thousand buildings, each mosque, mazar, or madrasa holding significance for Muslims due to its architecture, history, and culture.
Despite seventy-five years since India’s independence, the hope that the country would breathe a new air post-partition remains unfulfilled. Recent developments weaken prospects for moving forward. Social activist Noor Alam acknowledges that not all acts of vandalism lead to protests. Sometimes, other priorities overshadow religion. However, building trust with the people remains crucial, a task currently unmet.
Journalist Prashant Tandon raises pertinent questions: Do mosques and mazars alone contribute to encroachment in Delhi? Institutions, including the police and administration, grapple with waning faith. Their focus shifts from constitutional duties to fulfilling political agendas. Until courts, institutions, and governments take a firm stance, the cycle persists. Amidst historical corrections, there’s little time for resolute action. Civil societies do have a role here, but the question is, “Do they really exist now.”
