Friday, 27 September 2019

ASI and Ramjanmbhoomi


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Having read yesterday’s arguments of Ms. Meenakshi Arora, I am compelled to say that the submissions appeared unnecessarily verbose and, in several places, disconnected from the basic historical and archaeological facts. The Supreme Court is surely not the appropriate forum for rhetorical excess; the Court deserves concise arguments supported by evidence and reason.

Let us therefore come to the facts.

1. Carbon dating and the question of Muslim origin

It has been argued that certain artifacts have been carbon-dated to around the 7th century. Muslims invaded and established political power in India much later than that period. If the dating is accepted, on what historical or archaeological basis can those artifacts be attributed to Islam or a mosque? Chronology itself raises a fundamental question that cannot simply be brushed aside.

2. If the artifacts may be Buddhist or Jain, how does that support a mosque?

It has apparently been accepted that some of the artifacts could be associated with Buddhism or Jainism rather than Hinduism. But this itself establishes an important point: such artifacts would not be artifacts of a Muslim religious structure.

Moreover, the attempt to draw a rigid civilizational boundary between these traditions requires considerably more nuance. In the Hindu religious tradition, Lord Buddha is regarded as an incarnation of Lord Vishnu. Buddha was born at Lumbini, and the traditions surrounding his birth are rooted in the religious and cultural milieu of ancient India. Similarly, the concept of Chaturmas is found across Indian religious traditions, including Hindu and Jain traditions.

The existence of related religious concepts across Hindu, Buddhist and Jain traditions does not prove that every structure belongs to one particular faith. But neither can such common cultural features be casually used to deny the shared historical and civilizational context of ancient India.

3. Architecture, pillars and archaeological comparison

The shape and dimensions of the pillars and other structural elements deserve serious consideration. Similar circular structures and architectural elements have reportedly been identified by the ASI in the archaeological remains associated with ancient Dwarka, including underwater investigations.

Ancient builders ordinarily used stone and other materials available in their surrounding geographical region or through contemporary trade networks. Therefore, similarities in stone, dimensions, structural form and architectural technique cannot simply be dismissed without proper comparative analysis.

If archaeological structures at two historically significant sites display substantial similarities in dimensions, shapes, materials and architectural characteristics, the appropriate response is not rhetoric but scientific comparison. The evidence should be examined in the context of the architectural traditions of ancient India, particularly periods predating the establishment of Muslim rule.

4. Lotus symbolism, astronomical references and chronology

There is also the question of iconography.

Indian religious literature contains extensive symbolism associated with the lotus. Sita's traditional birth narrative is associated with the earth and the plough, while lotus symbolism is deeply embedded in Indian religious traditions. Lakshmi is traditionally associated with the lotus, and the lotus appears prominently in Vaishnava iconography and Hindu religious literature.

If an archaeological artifact contains a lotus motif together with an astronomical representation such as a solar eclipse, that evidence deserves careful interpretation. One must ask: what religious, cultural and astronomical tradition does such iconography most naturally correspond to?

It is particularly relevant if the artifact in question has been dated to approximately the 10th century. Such evidence should be interpreted objectively, rather than forcing it into a predetermined conclusion.

5. The argument concerning a previous temple

Finally, there appears to be an argument that even if a temple had existed earlier and was subsequently destroyed, the later construction of a mosque would somehow settle the question of ownership or historical legitimacy.

Consider the analogy.

Suppose I build a house on my land. The house is destroyed. My descendants do not have the resources to rebuild it. Years later, another person occupies the site and constructs a house there. Does the fact that the later structure exists automatically make that person the legitimate owner of the underlying land?

Obviously not.

The existence of a later structure and the question of the historical ownership or character of the underlying site are two different questions. Archaeology, historical records, inscriptions, architectural evidence and material remains must therefore be examined to determine what existed at the site before the later construction.

The Court does not need rhetoric, emotional appeals or unnecessarily prolonged arguments. It needs evidence, chronology, archaeology and law.

My sincere request is therefore simple: let us keep the arguments focused on the facts and the evidence. If the archaeological evidence supports a particular conclusion, establish it scientifically. If it does not, explain why.

Ultimately, common sense should complement evidence, not replace it—and neither should rhetoric replace either.

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Thursday, 19 September 2019

ASI survey on Ram mandir site



Ram Janmabhoomi: Faith, Juristic Personality and the Historical Evidence

The Ram Janmabhoomi dispute cannot be understood solely through the lens of modern property law. At its heart lies a question of faith, belief, religious practice, archaeology and historical continuity—all of which must be examined together.

Faith necessarily arises from belief. A person who does not accept a religious proposition may not share the faith arising from it. Yet the law is not required to determine whether a religious belief is rational or irrational. Its task is to understand the existence and nature of that belief and then apply the relevant legal principles consistently.

The Supreme Court's Ayodhya judgment recognized the importance of Hindu faith and belief concerning Bhagwan Sri Ram Virajman, while simultaneously emphasizing that title to property is a secular legal question. This distinction is important: faith may explain the religious claim, while historical and legal evidence determines the legal consequences.

The Juristic Personality of a Deity

A particularly important legal question concerns the status of a deity.

The Supreme Court has recognized Guru Granth Sahib as capable of possessing juristic personality in the context of Sikh religious practice. Indian law has likewise long recognized the juristic personality of a duly consecrated Hindu deity.

There is therefore no conceptual legal inconsistency in treating Bhagwan Sri Ram Virajman as a juristic person. Indeed, in the Ayodhya litigation, the deity was treated as a legal plaintiff.

The distinction must, however, be maintained between the deity and the geographical birthplace. Recognition of Ram Lalla as a juristic person does not automatically mean that every claim concerning the geographical site is established. Those questions require separate legal and evidentiary analysis.

What Does the Historical Evidence Show?

The historical evidence concerning Ayodhya extends well beyond religious belief.

An important inscription associated with Gahadavala king Chandradeva, dated 23 October 1093 AD, records his visit to Ayodhya, ritual bathing at the sacred river during a solar eclipse, religious worship and grants to Brahmins.

The astronomical reference is particularly interesting because the date and occurrence of the eclipse are independently capable of scientific verification. The inscription therefore provides valuable epigraphic evidence of an established Hindu sacred and pilgrimage tradition at Ayodhya centuries before the Mughal period.

Strictly speaking, this inscription alone does not establish that a temple stood on the precise disputed parcel. Its importance lies in establishing the religious character of Ayodhya during the period.

The evidence becomes considerably more significant when considered cumulatively with the Vishnu-Hari inscription, archaeological findings and architectural remains examined during the ASI investigation. The Vishnu-Hari inscription has been interpreted as referring to the construction of a substantial temple dedicated to Vishnu and containing references to his incarnations, including Rama.

Thus, the historical question should not be reduced to the search for a single sentence stating, in modern terminology, “a Ram temple stood on this exact piece of land.”

Ancient history is reconstructed through the convergence of inscriptions, archaeology, architecture, iconography, literary sources and evidence of religious practice.

The Valmiki Ramayana and Ayodhya

The Valmiki Ramayana itself provides an extensive description of Ayodhya as a prosperous and religiously significant city. It also contains references to temples and worship associated with Vishnu.

This is important because it demonstrates that the religious character of Ayodhya is not a modern invention. The city occupies a significant place in the ancient Indian religious and literary tradition.

The argument should therefore not be that the Ramayana alone proves the legal title to a modern parcel of land. Rather, its significance lies in establishing the antiquity and religious importance of Ayodhya and the Rama tradition.

What About Babur and the Baburnama?

The Baburnama also deserves careful examination, but claims concerning it should be made with precision.

Babur personally recorded an episode in which he ordered the destruction of religious images at Urvai near Gwalior, identified by modern scholarship as Jain Tirthankara sculptures. This establishes from Babur's own memoir that the destruction of religious images was not unknown to him.

However, it would be historically unsafe to claim that the surviving Baburnama contains a direct statement that Babur himself demolished the Ram temple at Ayodhya. The evidence concerning the Ayodhya demolition is more complicated and must be considered alongside inscriptions, later historical accounts, architectural evidence and archaeology.

That distinction is important because a strong historical argument does not require an exaggerated claim.

The Larger Legal Question

The central issue is therefore one of consistent standards.

If the religious beliefs of Muslims are relevant to understanding the mosque as a place of worship, then Hindu religious beliefs must equally be relevant to understanding the temple and the worship of its deity.

If Guru Granth Sahib can acquire juristic personality through the religious beliefs and practices of its followers, the legal recognition of a Hindu deity as a juristic person cannot be dismissed merely because the theological concept is different.

And if historical claims are to be evaluated through evidence, then all available evidence must be considered together—not selectively.

The Ram Janmabhoomi question therefore cannot be reduced either to “mere faith” or to “mere archaeology.”

It involves:

faith and belief → religious practice → literary tradition → inscriptions → archaeology → architecture → historical records → and finally the application of law.

The proper judicial approach is neither to validate a belief merely because it is sincerely held nor to dismiss it because it is religious. It is to examine the evidence objectively and apply the same legal and evidentiary standards to every faith tradition.

Ultimately, the most compelling argument is not that one isolated piece of evidence proves everything. It is that multiple independent strands of historical and archaeological evidence must be read together.

That is how history is established—and that is how a difficult legal question should be approached.












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