What is Gyanvapi Mosque Dispute?

By Md. Arif Imam

Published on: December 30, 2023 at 20:11 IST

One of the controversial historical site, the Gyanvapi Mosque which is situated in Varanasi, India, built in 1669 under Mughal Emperor Aurangzeb, the mosque stands on a site traditionally significant to both Hindus and Muslims, leading to longstanding disputes. The controversy started in 1991 with legal petitions filed by Hindu groups claiming the mosque was constructed over a demolished Hindu temple. In contrast, the Muslim community emphasizes the mosque’s historical legitimacy and continuous use for Islamic worship.

The situation escalated further in 2021 with demands for archaeological surveys and court-ordered video inspections, revealing objects claimed by Hindus as evidence of a former temple. These developments have reignited debates about religious freedom, historical claims, and the interpretation of the Places of Worship (Special Provisions) Act of 1991.

The legal battles involve complex historical narratives and religious sentiments, with the Indian judiciary playing a important role in balancing these claims while maintaining communal harmony.

The Gyanvapi Mosque stands as a significant religious structure in Varanasi, Uttar Pradesh, one of India’s most ancient and culturally rich cities. Varanasi, also revered as Benares or Kashi, is not only among the oldest continuously inhabited cities globally but also a central pilgrimage spot for Hindus. This mosque, situated in the heart of Varanasi, embodies the diverse religious history and architectural heritage of the area.

The management of the Gyanvapi Mosque is overseen by Anjuman Intezamia Masjid committee comprised of members from the Muslim community. This committee is responsible for the maintenance and the smooth management of the mosque. Their role is to preserve the mosque’s historical significance while catering to the spiritual needs of its visitors and worshippers. The committee’s responsibilities extend beyond the management of the physical structure; they are also tasked with ensuring that the mosque remains a peaceful and respectful space for prayer and reflection.

The presence of the Gyanvapi Mosque in Varanasi, a city known for its Hindu temples and riverfront steps(ghats), shows how different cultures and religions in India have lived together for a long time. This mosque is not only a place for Muslims to worship but also a sign of the long history of different religions and cultures in India. Being in Varanasi, a city with deep spiritual and historical importance, the mosque adds to the rich history of Indian heritage. The Gyanvapi Mosque stands as a reminder of the diverse and welcoming nature of Indian society, where different cultural and religious traditions have grown together.

About Gyanvapi Mosque

The Gyanvapi Mosque, with its foundations dating back to 1669 CE, is a historical monument that speaks volumes about India’s past. It was constructed under the reign of Mughal Emperor Aurangzeb, a ruler known for his strong Islamic policies and expansionist strategies. The mosque’s establishment in Varanasi, a city celebrated for its Hindu religious sites, marked a significant point in the cultural and religious history of India.

During the mid-17th century, the Mughal Empire was at the peak of its power and influence. Aurangzeb, ascending to the throne in 1658 after a series of succession conflicts, was keen on consolidating his rule across the vast expanse of the empire. His reign was characterized by the expansion of the empire’s boundaries as well as an emphasis on orthodox Islamic practices and architecture.

The decision to build the Gyanvapi Mosque in Varanasi was reflective of Aurangzeb’s policy of integrating Islamic architecture with the Indian culture. This period was marked by the construction of several mosques and Islamic structures across the empire. The Gyanvapi Mosque was built adjacent to the revered Kashi Vishwanath Temple, a site of immense importance to Hindus.^[1] The side-by-side presence of Islamic and Hindu architectural and religious elements is a key feature of the era’s complicated social and religious interactions.

The mosque’s name, ‘Gyanvapi’, is derived from the Sanskrit words ‘Gyan’ (knowledge) and ‘Vapi’ (well), indicating the presence of a well of knowledge.^[2] This well is historically significant and is believed to have been a part of the original temple complex. The presence of this well within the mosque is a symbol of the closely linked histories and religious significance of the site.

The construction of the Gyanvapi Mosque during Aurangzeb’s reign is often seen in the context of his broader religious and cultural policies. While some view it as a symbol of Islamic authority and architectural prowess, others perceive it as a controversial act, given the mosque’s location and its association with a pre-existing Hindu temple site. This complex history is central to understanding the ongoing disputes and dialogues surrounding the mosque.

Thus, the origins of the Gyanvapi Mosque are deeply embedded in the historical narrative of India during the Mughal era. It stands as a testament to the period’s architectural ambition and the complex mix of religious and cultural interactions. The mosque’s history is not just about its bricks and mortar but also about the socio-political background in which it was conceived and built, reflecting a time of significant historical and cultural change under the Mughal Empire.

The Rise of Controversy

The Controversy arose in 1991

The roots of the controversy can be traced back to 1991, a pivotal year in the history of religious disputes in India, occurring just a year before the infamous Babri Masjid demolition.^[3] It was during this year that a group of priests in Varanasi filed a petition in the court, seeking permission to worship on the Gyanvapi mosque premises. This marked the beginning of a legal battle that would last for decades.

The Places of Worship (Special Provisions) Act, enacted in the same year, played a significant role in influencing the legal discourse around the mosque. This law aimed to maintain the religious character of places of worship as it was on August 15, 1947, the day India gained independence. However, the act also spark discussion about historical claims and the nature of religious spaces, making it a cornerstone in the Gyanvapi dispute.

The rise of controversy in 2021

Fast forward to 2021, and the controversy around the Gyanvapi Mosque saw a significant escalation. The Allahabad High Court stayed proceedings in the Kashi Vishwanath Mandir-Gyanvapi Masjid case in a Varanasi court, temporarily stopped the controversial archaeological survey of the premises. This survey was aimed at determining whether a Hindu temple had been partially demolished to build the 17th-century mosque.

In August 2021, controversy was reignited when five Hindu women petitioned the court, seeking to worship the Shringar Gauri and other idols within the Gyanvapi mosque complex.^[4] This petition led to a Varanasi court ordering a video survey of the mosque complex in April 8, 2022, with a report initially due by May 10. However, the process faced delays after challenges from the Uttar Pradesh Sunni Central Waqf Board and the mosque committee.

The survey, concluded on May 16, 2022, brought forth claims from the Hindu side of discovering a ‘Shivling’ in a reservoir on the mosque complex. This claim was countered by the Muslim side, who stated that the object was merely a fountain, further intensifying the dispute.

The Gyanvapi mosque controversy, along with the Krishna Janmabhoomi-Shahi Idgah Masjid in Mathura, was highlighted by the BJP, the Vishva Hindu Parishad (VHP), and the RSS during the campaign for the construction of the Ram Mandir in Ayodhya.^[5] These groups argued that all three mosques were built after demolishing Hindu temples.

This controversy has since taken a predictable turn, with both Hindu and Muslim communities strengthening up their respective stands, reflecting the deeply rooted religious and historical tensions in India.

Examining the Claims of Hindu and Muslim Communities in the Gyanvapi Mosque Dispute

The Gyanvapi Mosque dispute is deeply rooted in the different historical and religious claims made by the Hindu and Muslim communities. Understanding these claims is essential for a comprehensive view of the controversy.

Claims of the Hindu Community

The Claims made by the Hindu community regarding the Gyanvapi mosque primarily revolve around the belief that a Hindu temple originally stood at the site before being demolished and replaced by the mosque. These claims of Hindu’s Community are as follows:

1. Historical Temple Site: Many Hindus believe that the Gyanvapi Mosque was built upon the ruins of an ancient temple, often identified as the original Kashi Vishwanath Temple dedicated to Lord Shiva. This belief is rooted in historical narratives and local traditions that suggest the temple existed at the site before the mosque’s construction.
2. Architectural Evidence of Temple: Hindu’s Community claim that the mosque’s architecture, including certain remains and design, indicates the presence of a temple previously. They argue that these features are inconsistent with typical Islamic architecture and align more with Hindu temple designs.
3. Religious Significance: For many Hindus, the site holds immense religious significance. They assert that the right to worship at this site, particularly at spots believed to have remains of the original temple, is a matter of religious freedom and heritage restoration.
4. Legal Rights of Hindu’s Community: Legally, the Hindu community’s claims are based on the argument that the mosque was built after the demolition of a Hindu temple. They seek judicial recognition of this historical claim and the restoration of their rights to worship at the site.

Claims of the Muslim Community

The Gyanvapi Mosque dispute is a clear example of the complicated relationship between history, religion, and law. The claims of the Hindu and Muslim communities reflect deeper historical narratives and religious sentiments. The claims of Muslim Community are as follows:

1. Historical Validity of the Mosque: Muslims maintain that the Gyanvapi Mosque is a legitimate historical Islamic structure built by Emperor Aurangzeb. They emphasize that it has been a place of Islamic worship for centuries and holds its own historical and religious importance.
2. Architectural Integrity: The Muslim community claims that the mosque’s architecture is consistent with the styles prevalent during Aurangzeb’s reign. They deny the claims of the mosque incorporating significant elements of a Hindu temple.
3. Legal Protection: The Muslim community cites legal protections granted to places of worship, particularly referencing the Places of Worship (Special Provisions) Act of 1991, which mandates maintaining the religious character of a place of worship as it was on August 15, 1947.
4. Continuity of Worship: Muslims argue for the continuity of their right to worship at the mosque, uninterrupted since its construction. They view attempts to alter the mosque’s status as an infringement of their religious rights and an act of historical revisionism.

Judicial Response: In-Depth Analysis

The Gyanvapi Mosque dispute has seen significant judicial intervention, with critical decisions made by various levels of the Indian judiciary. The role of the courts has been vital in managing the complexities of this dispute, ensuring that the legal process is adhered to and that the principles of justice are upheld.

District Court Order

The initial significant judicial move came from the District Courts of Varanasi, Uttar Pradesh. In response to the petitions filed by different parties, District Court ordered the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi Mosque. This decision was aimed at uncovering historical facts and ascertaining the religious significance of the site.

The Survey by ASI

1. The Role of the ASI Survey: The ASI survey was tasked with investigating the mosque’s architectural features, assessing any remains of previous structures, and gathering tangible evidence that could shed light on the mosque’s history. This evidence was important in establishing the factual basis for the legal claims made by the petitioners.
2. The Survey’s Findings: The findings of the ASI survey were expected to play a crucial role in the legal proceedings. If evidence of a pre-existing temple was found, it could have significant implications for the case. Conversely, if the survey reinforced the mosque’s historical authenticity as a standalone Islamic structure, it would strengthen the position of the mosque’s managing committee.

High Court and Supreme Court Involvement

The involvement of the Allahabad High Court and the Supreme Court of India in the Gyanvapi mosque dispute at various stages, played an important role in deciding the legal trajectory of the case.

1. Allahabad High Court’s Role: As the dispute escalated, the Allahabad High Court became involved. The High Court’s role was crucial in reviewing the decisions of the lower courts and ensuring that the legal proceedings adhered to the principles of fairness and justice. The High Court’s decisions also set precedents that influenced the ongoing legal narrative of the case.
2. Supreme Court of India’s Oversight: The Supreme Court of India’s hasn’t issued any binding statement on the Gyanvapi mosque case. However, several important developments have unfolded in the Supreme Court concerning the case:

• August 4, 2023: The Court heard a plea by the Anjuman Intezamia Masjid Committee challenging the order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the mosque premises. ^[6]
• November 3, 2023: The Court dismissed the Anjuman Intezamia Masjid Committee’s plea challenging the Allahabad High Court Chief Justice’s decision to transfer the case from a single-judge bench.^[7]

Current Status of the Gyanvapi Mosque Dispute

The Gyanvapi Mosque dispute remains a significant matter under legal scrutiny in India. The Courts, at various level including District Court, High Court, and potentially the Supreme Court, continue to deliberate on a plethora of evidence and arguments presented by both Hindu and Muslim communities. The case revolves around complex issues such as the historical origins of the mosque, the validity of claims made by both communities, and the legal implications under the Places of Worship (Special Provisions) Act of 1991.

Current decision by high Court– On December 19, 2023, the Allahabad High Court issued a significant ruling in the Gyanvapi mosque case, dismissing five petitions filed by the Muslim side and paving the way for an expedited trial of the Hindu side’s claims. This decision has been met with mixed reactions, with some viewing it as a setback for the Muslim community and others seeing it as a step towards resolving the long-standing dispute.

The five petitions dismissed by the High Court challenged the maintainability of a 1991 civil suit filed by Hindu worshippers seeking the right to worship at the Gyanvapi mosque and the restoration of a temple at the disputed site. The petitions also challenged a 2021 order allowing an Archaeological Survey of India (ASI) survey of the mosque complex.

In its ruling, the High Court held that the 1991 suit is not barred by the Places of Worship Act, 1991, which prohibits the conversion of religious places existing on August 15, 1947. The Court also upheld the ASI survey order, saying that it “cannot be faulted.” The High Court has now directed the Varanasi Civil Judge’s Court to proceed with the hearing of the 1991 suit “expeditiously” and conclude the proceedings within six months.^[8]

Conclusion

The Gyanvapi Mosque dispute in Varanasi highlight a profound and complex interplay of history, religion, and law. This historical structure, standing at the crossroads of Islamic and Hindu traditions, has become a focal point in contemporary India for debates about religious identity, historical legacy, and communal harmony. The contrasting claims of the Hindu and Muslim communities, deeply rooted in their respective historical narratives and religious beliefs, illustrate the enduring power of the past in shaping current socio-political dynamics. The Hindu community believes the site has old religious importance, while the Muslim community focuses on its long history of Islamic worship. This situation has both legal and cultural effects.

The involvement of the Indian judiciary, particularly through the decisions of the local Courts, the Allahabad High Court, and the observations of the Supreme Court, underscores the complexity of balancing historical truths, religious rights. The Allahabad High Court recently dismissed five petitions from the Muslim side and sped up the trial of the Hindu claims, marking a key moment in this ongoing issue. This decision has caused mixed feelings, with some seeing it as a loss for Muslims and others as progress in settling the long dispute.

This ongoing legal battle, while centred on a specific site, reflects broader questions about India’s diverse cultural heritage and the challenges in managing its multifaceted society. The resolution of the Gyanvapi Mosque dispute, whenever it may come, is likely to set a precedent for how India addresses its multi-layered historical and religious legacy. It highlights the need for a judicial approach that respects the country’s legal principles while being sensitive to the historical and cultural sentiments of its diverse population.

1. (2) A Hidden Archaeological Survey at the Gyanvapi Mosque in 2023 | LinkedIn
2. gyanvapi mosque: Contested Place of Worship: History and context of the Gyanvapi Mosque imbroglio – The Economic Times (indiatimes.com)
3. gyanvapi-mosque-case-all-you-need-to-know-1144360.html ↑
4. gyanvapi-mosque-twists-turns-in-complex-legal-battle-
5. gyanvapi-masjid-row-how-it-has-played-out-since-1991-1111256.html ↑
6. supreme-court-to-hear-masjid-committees-plea-today-challenging-asi-survey-
7. gyanvapi-case-sc-dismisses-mosque-committees-plea-challenging-hc-order-transferring-case-to-different-bench
8. gyanvapi-masjid-verdict-allahabad-high-court-rejects-muslim-side-pleas-challenging-maintainability-of-suit- ↑