THE SILENT VIOLENCE




”Judicial abuse occurs when judges substitute their political views for the law”

              -Lamer S Smith

   The judiciary is considered a watchdog of democracy and the guardian of the constitution. However, the carelessness of the guardian results in the devastation of a whole society. India by preserving its linguistic, ethnic and religious diversity includes umpteen minorities with their unique cultural heritage. Nowadays they zap the battlefield for regaining their draining traditions. As minorities, Muslims are facing challenges in living in India by holding their religious identity. It's high time to unfold the black hands behind such atrocities.

    Gyanvapi became once again the repetition of unforgiving historical cruelty that happened in the Babari issue. Gyanvapi mosque is located in Varanasi, Uttarpradesh which standstill in front of controversy. Echoes of the slogan 'Kashi madhura bakki he ' called out after the demolishment of Babari are also reflected in the Gyanvapi case. The building of Ram Kshethra wounded the secularity of democratic India as well as unmasked the political strategies and bloodshed hidden behind the shades of Hindutva. Without a doubt, even a man with at least a little common sense can understand this as a stain of an aggressive master plan for yielding victory in the coming Loksabha poll. In 2014 a riot broke out in Mussafernager in Uttar Pradesh under the leadership of RSS that eventually led to the gain of about 75 seats out of 80 in the Loksabha election. Kashi can be viewed through such eyes too. Besides the support of political leaders and ministers, silence and acceptance of the judiciary add insult to injury.

    Last month January a group of five women submitted a plea to the Varanasi district court claiming that the Gyanvapi mosque situated in the land of Hindu deities was destroyed in the reign of the Mughal emperor Aurangzeb. Considering last year's ASI report on distorted evidence capable of injecting noxious lies, the judge ordered Hindu believers to conduct pooja in down cellar of a mosque within seven days. The most eye-popping factor was that the judge was at the brim of retirement. In addition, his actions reveal that he became someone else's doll for achieving political goals. On the other hand, actual manners of accepting a plea were breached. A certain period of approximately thirty days has to be taken on handling civil cases. Instead, the court ignored even the litigation measures along with a random decision that was taken on Gyanvapi mosque. The (1991 Place of Worship Special Provision Act) put forward the prohibition on conversion of any place of worship and to provide maintenance of the religious character of a place of worship as it existed since 1947 August 15.

The case of Babari and Shahi Idgah was expelled from this purview which beared the minds of Indian Muslim minorities nevertheless Muslims will strongly express their objection to victimizing Gyanvapi to illegal actions. Even though, as per the Act 1991, no more pleas can be submitted to courts in such matters. If the unwanted pleas were punishable under law then how can a conscious litigant can accept pleas without looking back and forth? The bill was brought in 1991 by the Congress government of Prime Minister Narasimha Rao. The then 120 opposition BJP MPs left Loksabha to show raucous regression on the bill. "I am sure that enactment of this bill will go a long way in helping restore communal amity and goodwill " commended the then Home Minister SB Chavan to express a positive approach towards the bill. our leaders brought the 1991 bill aiming for independence from colonial rule and thereby a panacea for healing the injustice of the past. Moreover, the libelling words slipped from CJI (Chief Justice of India)DY Chandrachud that 'ascertaining the religious character of a place was not barred under the place of worship act 'was equivalent to maligning those who dreamed of pursuing secular India. apart from that court-sanctioned excavation right to ASI to discover pieces of evidence. ASI (Archeological Survey of India) is an archaeological research and conservation agency together with the onus on the preservation of cultural historical monuments in the country, it is merely an agency under the Ministry of Culture. It's not bizarre to alter reports of cases. Years after depleting Babari in 2003, the Vajpay government released an ASI report to whitewash their tactic by demonstrating minorities as bulky. In the Mughal period, most of the temples were maintained under the emperor's patronage. The emperor Aurangazeb protected temples and revamped existing mosques also Islam does not permit the acquisition of someone else's land for the construction of a mosque therefore no more possibilities for such construction. Attempts of Hindu majoritarianism to engulf the Indian republic manifested here. The history of multicultural-religious India is complicated. A place may change hands between multiple faiths. For instance, in Daulatabad a Jain temple was converted into a Muslim mosque and later Bharath Matha temple. Not only by protests but also by population shrines acquire new transformations. Hence chasing history sometimes pushes us into a perilous condition. Amid disputes, their murmuring to uphold Hindutva spirituality in the mode of temple protection is a quiet betrayal. In India, a lot of temples are still on the edge of destruction. particularly in Shoolpaneshwar temple and old Shiva temple along Narmada patently indicate Hindutva's toxic agendas. In case of cracking on Badrinath temple and sinking of Joshimath who has been there to enquire? Where were those temple worshippers?

 Commonly law's norms bind those who govern the affairs of the nation at every level, presumably including our highest judiciary, the court is an abetter under the Place of Worship Act which is ideally punishable by almost three years imprisonment and a fine will imprison our judicial light? Our nation consists of more than two hundred million Muslims among the majority surviving in Uttar Pradesh yet most of the Hindutva smeared arrows nailed there. Accurate planned charismatic power of majorities along with the absence of well-organized minorities and the silence of those who are in the gallery as viewers generated similar situations in our nation.if required endeavours not took to find a solution we will witness the flattening of our secularist India with adhesive lips. 


Hisana Fathima

Fathima Sajla


Darul Athfal Islamic & Arts College Koppam