By Our Editorial Team
First publised on 2022-05-16 13:26:30
As
expected, the Gyanvapi survey issue is likely to snowball into a conflict
between communities after the alleged discovery of a 'shivling' in the pond
inside the complex. The survey team has said that a 'shivling' was found when
the water was drained out of the pond that the devotees used for wudu (the
purification process before namaz). A Varanasi court has ordered that the area
where the 'shivling' was found is to be sealed until further orders.
It needs to
be remembered that the plea before the Varanasi court had two issues - the first
plea demanded that a portion in the complex which was open to Hindus for
prayers once a year be opened throughout the year and the second demanded that Hindus
be given the right to worship "visible and invisible deities inside the old
temple complex". The very fact that the court had ordered a video-recorded
survey for both the pleas was blatantly wrong - it should have out rightly junked
the second plea as that amounted to changing the basic character of the place
of worship and was against provisions of the Places of Worship (Special
Provisions) Act 1991 (PWSPA).
Now, the alleged
discovery of the 'shivling' has complicated matters. Although the sealing of
the area, though it looks like a hasty and biased decision by the court, is
good as that will prevent any untoward incident from taking place, the Supreme
Court, which is slated to hear the pleas against the survey ordered by the
Varanasi court, must now also look into the issues that arise after that
alleged discovery. The PWSPA, which froze the character of places of worship in
India as they existed on August 15, 1947 (except the Babri Masjid-Ram
Janambhoomi spot), was enacted precisely to prevent such things from happening.
The Supreme Court will have to decide the matter as per the provisions of the
said Act.