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Statement

PCC CPIML on the Apex Court verdict on Babri Masjid Title Suit

Subhash Deb

PCC CPIML is of the opinion that the people’s faith on the judicial institution for a democratic functioning of the state for getting justice has been shaken by the verdict of the Apex Court on “Ayodhya Land Title Suit”. The essential religious practices were so far judged from the evidences from the religious books, but not based on faith of any religious groups. But Supreme Court verdict on Ayodhya dispute set the precedence of deciding the ownership of land based on Hindu faith and conferred title of the disputed land to the Ram Deity, the Avatar personified. The Apex Court in its judgement pronounced that the intrusion of the deity of ‘Ram Lala’ in 1949 and the demolition of Babri Mosque in 1992 were unlawful. Supreme Court did not say that there was any Hindu mandir which was demolished to build Babri Mosque. The judges did not dwell on the authenticity of the ASI report which, of course, does not claim that the artefacts found 200 feet below the surface-land are of Hindu Mandir. 
 
The Historical facts are always ripe with multiple interpretations and possibility of truths. It is not the Court to resolve the contradictions within the garb of History. As the demolition of an almost 500 years old Mosque was unlawful, this act of vandalism which is the culmination of a communal political movement not only hurt the Minority psyche, but also, they were denied their right of the Mosque through coercive means. The logical conclusion is that the forceful denial of their right of ownership of the Mosque and thereby the injustice meted out to them through the unlawful act of vandalism for demolition of Bari Mosque can only be reversed by reestablishing their due rights. The Apex Court, on this count, took refuge to article 142 of the constitution and provided double the amount of land to the genuine claimant of the Mosque and pronounced the title of the land in favour Ramlala Deity based on faith and continuous forceful possession. 
 
The PCC CPI(ML) is apprehensive that the verdict to grant the ownership of land to Deity Ramlala, the Hindu God, who was personified as warrior by a political movement and pitted against the other faith for destruction of Mosque, will strengthen the ideological position of the present dispensation in power for fascitisation of the state. PCC CPIML is opposed to the skewed amalgamation of the faith and logic in the functioning of the state and does not agree with the verdict of the Apex Court. Moreover, the 1991 act also does not provide any guarantee to contain the Hindu obscurantist forces from raising their demand of ownership on other structures of historical heritages.  
 
The democratic functioning of a sate depends on the nature of the state’s relation with the minorities of the nation. The safeguarding of the democratic character of the state rests on the basic principle of walking an extra mile to ensure justice for its minority people and to instill confidence on the rule of law in the minority psyche. For the sake of a progressive and democratic nation building and for a civilized society, it is imperative for the state to mentally prepare the majority for walking the extra mile to allay the fear in the minds of the minorities. 
 
But the reversed has happened in the case of Babri Masjid dispute where the right of the minority has been denied and this will strengthen majoritarianism. The PCC CPIML wants the review of the verdict by the judicial and legislative authorities to give justice to the Muslim Minority and to ensure democratic character of the state. The party also demands the exemplary punishment to those who are responsible for unlawful act of demolition of Babri Masjid. 
 
Subhash Deb, General Secretary, PCC, CPIML  

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Nov 22, 2019