The Hindu : Maintaining communal harmony

Online edition of India's National Newspaper
Tuesday, Apr 01, 2003

Opinion

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Maintaining communal harmony

IN RULING THAT its earlier order (passed last year) prohibiting any "religious activity" on the acquired land in Ayodhya should be "operative" till the disposal of the title suits being heard by the Allahabad High Court, the Supreme Court has, apart from putting the whole issue in the correct legal perspective, in effect cautioned against any attempt to disturb the status quo even on the 67 acres surrounding the disputed site. Significant indeed is its observation that the Centre's plea for the vacation of the ban needs to be rejected "not only to maintain communal harmony but also to fulfil other objectives of the (1993) Act". For one thing, the Court was evidently not impressed by the Government's argument that the circumstances in which the 2002 order was passed (meaning the VHP's `bhoomi puja' and the looming threat to public peace and order) did not exist now. Its pointed reference to the imperative of maintaining "communal harmony" has to be set in the context of the sustained campaign the VHP and its cohorts in the Ramjanmabhoomi Nyas have been running for the immediate transfer of the so-called `undisputed' land so that they can go ahead with the temple construction. Given the VHP's well known penchant for whipping up communal passions and brazenly provocative mobilisation methods, it is hardly surprising that the Court found the Centre's `situation-has-changed' line unconvincing.

For another, the apex court has been categorical that such a restriction is necessary if the objectives of the 1993 enactment are to be achieved and, more importantly, that no distinction can be drawn between the `disputed' and the `undisputed' land while applying this injunction. The primary purpose of, and justification for, the takeover of the lands in question was to ensure that the final outcome of the adjudication process (should it go in favour of the Muslims) was not possibly rendered infructuous by the existence of properties belonging to the Hindus in the vicinity. As the authority in whom the land is vested in trust, the Government is duty bound to see that the main objectives of the legislation are not thwarted in any manner by the pro-temple forces. The Supreme Court has of course in its 1994 judgment spoken of the "desirability" of the reversion of the "superfluous excess area" (out of the acquired land) to its earlier owners, but that could come only after the exact area required for achieving the professed purpose of acquisition had been "determined". It is only proper and logical that such determination should await the court verdict in the title suits, a position upheld, in effect, by the Court when it observed that any transfer of land to "any other body or trust as provided under Section 6 of the Act at this stage" would give rise to "further complications". It also saw no reason why the "state of affairs" that had prevailed for over a decade (since 1992) should be "disturbed" now, especially when the adjudication of title suits has reached its "final stage".

On a different plane, the Supreme Court's decision has thwarted whatever designs the Atal Behari Vajpayee Government might have had of using the judicial route to facilitate the handing over of the `undisputed' land, as demanded by the VHP, for the temple construction to commence, the pending title suits notwithstanding. For its part, the VHP has made its intention loud and clear: that, regardless of what the Judiciary ordains, it wants the "immediate" transfer of the undisputed land, with Parliament passing a legislation for the purpose, so that the way is paved for the construction of a Ram temple. In the face of the Hindutva outfit's declared intention to intensify the agitation — with all the dangerous implications it has for communal harmony and public peace — how exactly the Union Government handles the evolving situation will determine its commitment to the rule of law.

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