Explained | The Gyanvapi case, history and battle over Places of Worship Act

The Allahabad High Court Thursday (August 3) cleared the way for the Archaeological Survey of India (ASI) to conduct a “scientific survey/ excavation” of the Gyanvapi mosque complex, located in Varanasi, Uttar Pradesh.

ASI earlier started its survey on July 24 but had to stop after the country’s apex court, the Supreme Court, stepped in following a plea filed by the Gyanvapi mosque committee.

The Supreme Court had stayed the survey and asked the mosque committee to seek relief from the Allahabad High Court. Now, the High Court has dismissed their plea and allowed the survey. The court noted that a scientific survey was necessary “in the interest of justice.”

What’s the history of Gyanvapi mosque?

The fundamental basis of all legal actions is that a Hindu temple was demolished in the past and replaced by a mosque at the same location.

The most recent instance of destruction is attributed to the time of Mughal Emperor Aurangzeb's rule. Historian Satish Chandra wrote in his book "Medieval India: From Saltanat to the Mughals" that Aurangzeb ordered the temple's demolition as a form of punishment and due to his perception of it as a source of subversive ideas.

This led to the destruction of several temples, with mosques being erected in their place, as detailed in Chandra's work.

The temple faced destruction on at least two earlier occasions. In 1194 CE, it was attacked by Aibak, and during Queen Raziya's brief and tumultuous reign (1236-1240), the site was taken over, resulting in the construction of a mosque, as historian Meenakshi Jain highlights in her book "Flight of Deities and Rebirth of Temples."

The temple was reconstructed during Akbar's reign, only to be demolished again during Aurangzeb's rule. Interestingly, a section of the temple was intentionally preserved as the rear wall of the mosque, which ironically came to be known as the Gyanvapi mosque, named after the sacred site it occupied.

Presently, the Gyanvapi Mosque and the Kashi Vishwanath Temple exist in close proximity, indicative of their intricate history of destruction and subsequent reconstruction.

What’s the current Gyanvapi case?

The case stems from an August 2021 petition filed by four Hindu devotees that sought rights to pray daily before Hindu idols on the outer walls of Gyanvapi mosque.

The matter has since moved from a local court to a district court, to the Allahabad High Court and the Supreme Court, only to be transferred back to the district court and the Allahabad High Court.

Watch:Gyanvapi survey to continue, rules court

The most recent order on the excavation came on July 21 this year, when the Varanasi district court ordered to conduct a survey of the site but excluding the wuzu khana, or ablution area, where Hindus claimed to have found aShivlinglast year.

After a brief intervention by the Supreme Court, the excavation exercise is all set to restart at the complex.

What does the Gyanvapi mosque committee say?

The Anjuman Intezamia Masajid Committee, which manages the Gyanvapi mosque, is of the view that the proceedings are an attempt to change the religious character of the mosque.

They argue that their rights under the Places of Worship (Special Provisions) Act, 1991, are being violated. The act bars the conversion of a place of worship from how it existed on August 15, 1947, the day of India’s independence from British rule.

However, in response to the arguments presented by the mosque committee, a bench of Justices D Y Chandrachud (now the Chief Justice of India), Surya Kant, and P S Narasimha said the “ascertainment of the religious character of a place is not barred by the [1991] Act."

The battle against the Places of Worship Act

Now, the main question here is: Whether or not the litigants from the Hindu side are restricted by the Places of Worship Act, 1991.

Section 4 of the mentioned Act stipulates that “the religious character of a place of worship existing on the 15th day of August, 1947, shall continue to be the same as it existed on that day”.

In the ongoing case, the Muslim party contends that allowing the current lawsuit would fundamentally alter the mosque's character, which has remained constant for over 600 years.

On the other hand, Hindu petitioners argue that regular prayers to Hindu deities inside the mosque complex were offered until 1993, and subsequently, prayers were permitted annually on a specific day.

Based on this stance, the Varanasi court concluded in its ruling that the Places of Worship Act does not prohibit civil suit.

Now, the Hindu side is battling for declaring the Worship Act null and void altogether.

Currently, the Supreme Court is reviewing at least two petitions challenging the Places of Worship Act. These petitions were filed by the Vishwa Bhadra Pujari Purohit Mahasangh and followers of the Sanatan Vedic religion from Lucknow, along with advocate Ashwini Upadhyay.

Critics of the Act argue that it bars judicial review, a fundamental aspect of the Constitution, imposes an arbitrary and retroactive cutoff date, and infringes upon the religious rights of Hindus, Jains, Buddhists, and Sikhs.

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