The senior advocate highlights how the apex court’s decision to permit the survey of the Gyanvapi Mosque in Varanasi last year has led to a surge in divisive actions
Team Clarion
NEW DELHI — Senior advocate Raju Ramachandran has delivered a scathing critique of the Supreme Court, holding it responsible for enabling sectarian campaigns targeting ancient mosques and religious sites.
Addressing a Constitution Day gathering organised by the South Asian Minorities Lawyers Association (SAMLA) in collaboration with the India Islamic Cultural Centre, Ramachandran highlighted how the apex court’s decision to permit the survey of the Gyanvapi Mosque in Varanasi last year has led to a surge in divisive actions.
Speaking at the event, Ramachandran, who represented the Muslim side in the Babri Masjid case, expressed deep concern over the judiciary’s deviation from its own precedents. “The Supreme Court’s decision to allow the Gyanvapi survey disregarded the principles established in the Babri Masjid-Ram Janmabhoomi ownership case. This opened the floodgates for sectarian elements to launch a campaign of identifying temples beneath ancient mosques,” he said.
Ramachandran cited Article 25 of the Constitution, which guarantees every individual the freedom to practice, profess, and propagate their religion. “This right has been upheld by the Supreme Court in various judgments over the last 75 years,” he noted. However, he criticised the enactment of anti-conversion laws by several states, describing them as a direct violation of constitutional principles.
“These laws undermine the individual’s right to change their religious beliefs, a right that was fiercely debated and enshrined in the Constituent Assembly. Despite constitutional protections, these laws have been weaponised, leading to tragic incidents like the violence in Sambhal,” he added.
Referring to the disputed sites in Varanasi and Mathura, Ramachandran lamented the judiciary’s failure to uphold the Religious Places Act of 1991, which mandates the maintenance of the status quo of all religious places as they existed in 1947. “Had this law been respected, the current tensions surrounding ancient mosques would not have arisen,” he asserted.
Without directly naming Sambhal’s Jama Masjid, Ramachandran linked the recent violence there to the judiciary’s role. “The judiciary’s decisions have emboldened sectarian elements, creating a volatile atmosphere across the nation,” he said.
Presiding over the event, former law minister and President of the India Islamic Cultural Centre, Salman Khurshid, emphasised the importance of upholding the Constitution in its true spirit. “The guarantees provided to minorities are not just legal obligations but moral imperatives,” he said.
Khurshid further urged the judiciary and the government to implement the Constitution’s provisions in good faith. “On Constitution Day, we must reaffirm our commitment to safeguarding the rights of all communities, ensuring justice and harmony,” he concluded.
The event served as a sombre reminder of the challenges facing India’s pluralistic fabric. As the judiciary and the government navigate these complexities, voices like Ramachandran’s continue to call for adherence to constitutional principles to ensure justice for all.
