Monday, May 23, 2022

A far more dangerous moment now than in 1992

The opening up of Gyanvapi is not about history; it is about reclamation and is central to a larger supremacist project 
Seema Chishti

Exactly 30 years after the demolition of the Babri Masjid in Ayodhya, the Gyanvapi mosque dispute offers less déjà vu and more striking contrasts in the two scenarios. Like architecture distinguishes clearly between rubble and ruin, we must look clearly at the differences between the Ayodhya matter then and the dispute over Varanasi’s Gyanvapi mosque in 2022 now. The differences are stark.

There is an Act now

The first dissimilarity is the Places of Worship (Special Provisions) Act, 1991 which did not exist when the political movement for Ayodhya caught steam. Also, Ayodhya was out of its ambit. The Supreme Court verdict in 2019 went on to underline the importance of the 1991 Act in 10 pages (pages 116-125) and how it “protects and secures the fundamental values of the Constitution”. Agreeing with the rationale of the law, the five-judge Bench said; “The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution.”

In not framing the matter in the letter and spirit of its own order just three years ago, and instead, trying to ‘balance’, the law and its interpreters are enabling a significant and worrying change in India. It is not a Babri moment, as Babri was to be an exception with the law applicable to all other such matters. If this goes on, it will open a Pandora’s box. Similar and multiple cases are bound to begin mushrooming; the plea to remove Mathura’s Shahi Idgah and dig around the Qutub Minar have reached the courts. As Sarvepalli Gopal writes in the introduction to Anatomy of a Confrontation, such conflicts bring into “sharp focus since 1947, a sickness which free India has not been able to shake off”. If the idea of the 1991 Act was to insulate the Republic from the implications of Babri, allowing the Varanasi issue gain momentum suggests exacerbating the “sickness”. The intention was to draw a line under 1947 and bring quietus after the Ayodhya dispute. Thirty years on, despite witnessing the ruptures that Babri led to, if Gyanvapi is allowed to fester, it would signal that India is re-opening issues that the Constitution had settled. That can only signal more upheaval.

An institutional collapse

What also distinguishes the present moment from Ayodhya is the state of India’s institutions. What separates democracy from a mobocracy is the presence of modern institutions. It is only through their independent functioning that the promise of the Constitution is honoured. The job of independent institutions in a democracy is to keep asking questions of the executive and ensure that it acts in accordance with the Constitution it has sworn by. But India has seen a dramatic decline in institutional independence. This decline underlies India’s sharp democratic backslide. India is classified as an ‘electoral autocracy’ (V-Dem Institute), ‘partly free’ (Freedom House), scores ‘at the level of 1975’ when a formal Emergency was in place (International IDEA) and it is now among the 30 worst countries of 180, as far as freedom of the press goes (RSF). The World Values Survey and the Pew Research Center tell us that it is in India that support for civil rights as a feature of democracy and even democracy has fallen the most, since 2015. In such times, if Gyanvapi was to be a start of something else, then there would not even be counter-pressures from institutions like 30 years ago. The Justice J.S. Verma report, (when he was National Human Rights Commission 

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