Key temple-mosque disputes in India beyond Ayodhya explained
The Bhojshala-Kamal Maula Mosque ruling by the Madhya Pradesh High Court has renewed attention on major temple-mosque disputes in India, including Krishna Janmabhoomi, Gyanvapi, Sambhal Jama Masjid and other cases involving the Places of Worship Act, 1991
New Delhi: The Bhojshala-Kamal Maula Mosque disputed site in Dhar district, which the Madhya Pradesh High Court on Friday ruled is a temple dedicated to Goddess Saraswati, is among the prominent legal cases in the country regarding the religious character of places of worship.
The high court quashed a decades-old order of the Archaeological Survey of India (ASI) that allowed only the Muslim community to offer Friday prayers at the site while restricting the right of Hindus to worship within the complex.
Apart from the Ayodhya title dispute, in which the Supreme Court order in 2019 led to the building of a Ram temple at the site, here are some of the other significant similar cases.
In most of these, the Places of Worship (Special Provisions) Act, 1991, which mandates maintaining the religious character of a place as it existed on August 15, 1947, has been cited during litigation.
There are over six petitions challenging various provisions of the 1991 law pending adjudication in the top court.
Krishna Janmabhoomi-Shahi Idgah Mosque, Mathura, Uttar Pradesh
The case pertains to a 13.37-acre complex in Mathura that includes the Krishna Janmabhoomi temple complex, believed to be Lord Krishna’s birthplace, and the Shahi Idgah mosque.
While the Hindu community has claimed that the Shahi Idgah mosque was built over an earlier temple at the birthplace of the deity during Mughal emperor Aurangzeb’s reign in the 17th century, the Muslim side has invoked the Places of Worship Act, 1991.
As many as 18 suits filed by the deity’s ‘next friend’, Hindu worshippers and organisations are pending in the Allahabad High Court for possession of the land and restoration of the temple.
On August 1, 2024, the high court rejected applications filed by the Muslim side challenging the maintainability of the suits filed by Hindu worshippers.
In the same order, the court also held that the suits were not barred by the Limitation Act, the Waqf Act and the Places of Worship Act, 1991.
Kashi Vishwanath temple-Gyanvapi Mosque, Varanasi, Uttar Pradesh
The dispute surrounding the two religious structures, situated adjacent to each other in the holy city of Varanasi, is among the three most high-profile cases along with Ayodhya and Mathura. The Hindu side has claimed that the original Kashi Vishwanath temple was demolished during Aurangzeb’s reign and the Gyanvapi Mosque was built over it.
The Muslim side has asserted that the dispute is barred by the Places of Worship Act, as they have been offering prayers at the mosque continuously for centuries.
In 2021, five women filed a suit in a Varanasi court seeking permission to offer prayers. A subsequent survey of the site is said to have revealed a “shivling” inside the wazukhana, which the Muslim side claims is part of a fountain mechanism.
In 2022, the Supreme Court protected the spot where the “shivling” was found while also directing that Muslim worshippers’ access to the mosque should not be impeded.
In 2024, it also refused to halt a Varanasi court order permitting the offering of daily prayers by a Hindu priest in “Vyas Ji Ka Tahkhana” inside the mosque.
Shahi Jama Masjid, Sambhal, Uttar Pradesh
In 2024, Sambhal district became the centre of a controversy after a local court ordered a survey of the Shahi Jama Masjid on a suit filed by a Hindu devotee alleging that it was built at the site of an ancient Hindu temple.
The Hindu side has claimed that the Shahi Jama Masjid was built during Mughal emperor Babur’s reign in 1526 after destroying the Harihar temple devoted to Lord Vishnu’s final avatar Kalki.
During a second round of the survey, protesting locals clashed with security personnel, leading to the death of four people and injuries to dozens.
The Muslim side objected to the survey on the grounds that it was ordered in haste without properly hearing the mosque committee. They also alleged a violation of the Places of Worship Act.
The Supreme Court later directed that status quo be maintained at the disputed site while hearing a special leave petition challenging the Allahabad High Court’s refusal to stay the survey proceedings.
Quwwat-ul-Islam Mosque, Delhi
Hindu and Jain devotees filed a suit in a civil court in Delhi in 2021 for the restoration of Hindu and Jain deities inside the Qutub Minar complex, claiming that 27 temples were partly demolished by Qutubdin Aibak, a general in the army of Mohamad Gauri, and the Quwwat-ul-Islam Mosque was built inside the complex using the same material.
The ASI said the mosque was inside the Qutub complex, a protected monument, and no religious worship is currently permitted there.
In 2021, the suit was rejected by the court, which said that past wrongs cannot be the basis for disturbing peace in the present and future. An appeal before the appellate court is pending.
Idgah Maidan, Hubballi (Karnataka)
In 2022, local authorities allowed Ganesh Chaturthi celebrations at Hubballi Idgah Maidan in Karnataka, which faced opposition from Anjuman-e-Islam.
The Karnataka High Court upheld the order of the Dharwad municipal commissioner, holding that the property belonged to the Dharwad municipality and Anjuman-e-Islam was only a leaseholder for a period of 999 years at a fee of Re 1 per year.
While Anjuman-e-Islam asserted that the maidan was protected under the Places of Worship Act, the high court ruled that it was not a religious place of worship and was allowed for prayers only during Bakrid and Ramzan.
Malali Masjid, Dakshina Kannada (Karnataka)
Malali mosque came into the limelight in 2022 after renovation work there reportedly revealed Hindu-style architectural features within the mosque structure.
Certain Hindu parties moved a local court in Mangaluru, seeking a survey of the structure. The court has held that the suit seeking the appointment of a commissioner to survey the Malali mosque to ascertain whether it was built on a Hindu temple was maintainable.