Hindi English Translation || Editorial || Incremental injustice: On the Gyanvapi mosque survey

Incremental injustice: On the Gyanvapi mosque survey

Courts should discourage (हतोत्साहित करना) motivated (प्रेरित, अभिप्रेरित) cases for altering status of places of worship

In upholding (कायम रखना, बनाए रखना) the conduct (carrying out, carrying on) of a survey by the Archaeological Survey of India (ASI) (भारतीय पुरातत्व सर्वेक्षण) at the Gyanvapi mosque, the Allahabad High Court may have endorsed a surreptitious (secret, stealthy, clandestine, furtive, concealed, covert, veiled, indirect, hidden) attempt to alter the character (चरित्र, पहचान) of the place of worship. Both the High Court and the Varanasi District Court, which ordered the ASI survey on July 21, had held earlier that the suit (lawsuit, court case, case, legal action, litigation) filed by some Hindu devotees to assert (insist on, defend, push for, stand up for) their right to worship some deities and images within the mosque precincts (an area which is restricted/enclosed with walls or some definite boundaries for specific purposes) was not barred (ban, prohibit, forbid, prevent) by the Places of Worship (Special Provisions) Act, 1991, which froze the status of all places of worship as on August 15, 1947. The reason given was that the suit was solely (अकेले, केवल) for the right to worship and not to seek (request, ask for, demand, appeal for) any declaration that the building was a temple. In brazen (blatant/flagrant; bold and shameless; unashamed, unembarrassed) contradiction (denial, refutation, rebuttal, disagreement, disputation, contravention, discrepancy, difference, mismatch, inconsistency) to this stand (position, point of view, standpoint, approach), the worshippers filed applications (आवेदन) seeking a scientific survey by archaeologists (पुरातत्त्ववेत्ता) to ascertain (find out, discover, dig out) whether the Gyanvapi mosque was built on the demolished structure of a Hindu temple. Both courts have endorsed this strategy (रणनीति) of gathering official evidence, currently not available to the plaintiffs (a person who is bringing a lawsuit against another person before a court; claimant, litigator, petitioner), through the ASI. The District Court’s (जिला न्यायालय) order merely said a scientific report would bring out (make evident, highlight, emphasize, underline) the “true facts” about this case and help it arrive at a just (fair, equitable, impartial, unbiased, neutral, even-handed) and reasonable conclusion. The High Court has dismissed (नकार देना, अस्वीकार करना) all objections (आपत्ति, विरोध), including the ones that said the court cannot ask for (try to obtain (by requesting)) expert evidence even before the issues to be tried were framed (fabricated, orchestrated, engineered, conceived, coordinated (falsely)), and that it cannot gather evidence on behalf of the plaintiffs.

The courts have not dealt with the question why it is necessary to determine the date of pillars and walls and make a list of artefacts (शिल्पकृति), when the main prayer in the suit is for the right to worship Ma Sringar Gauri, Ganesh, Hanuman and other “visible and invisible” deities. The entire case is based on the assertion (दावा) that Hindu deities were being worshipped at the site before and after August 15, 1947. And that daily worship of these deities was going on till 1990, and that after 1993, it is permitted one day every year. The plea for a survey and the intent to rake up (recollect, remember, revive/remind the memory of) the question of an earlier structure under the mosque indicate a design (intention, plan, aim, purpose) to create conditions for seeking an alteration to its status. An earlier order asking an Advocate-Commissioner to study the premises (building, buildings, site, place, property) led to a claim that what was likely a sprinkler or fountain was a ‘shivalingam’. It is unfortunate that the courts are encouraging motivated litigation directed at Muslim places of worship. Each time such an application is filed, it raises the spectre (threat, menace, danger/peril) of incremental injustice from an abuse (wrong use, misuse, exploitation, misemployment, misapplication) of the legal process.

Courtesy: The Hindu

Important Word List With Meaning

1.injustice (noun)

Hindi Meaning - अन्याय
English Meaning - lack of justice, unfairness, misdeed, unjust/unfair act.

2.discourage (verb)

Hindi Meaning - हतोत्साहित करना
English Meaning - deter, disincline, advise against, urge against, turn aside; stop, prevent, avert, fend off.

3.motivated (adjective)

Hindi Meaning - प्रेरित, अभिप्रेरित
English Meaning - provided with a motive; influenced, stoked, triggered.

4.uphold (verb)

Hindi Meaning - कायम रखना, बनाए रखना
English Meaning - confirm, endorse, approve, vindicate, validate.

5.Archaeological Survey of India (ASI) (noun)

Hindi Meaning - भारतीय पुरातत्व सर्वेक्षण
English Meaning - The Archaeological Survey of India (ASI), under the Ministry of Culture, was established in the year 1861 is the premier organization for the archaeological researches and protection of the cultural heritage of the nation.

6.character (noun)

Hindi Meaning - चरित्र, पहचान
English Meaning - nature, identity, individuality, ambiance.

7.solely (adverb)

Hindi Meaning - अकेले, केवल
English Meaning - only, merely, just.

8.application (noun)

Hindi Meaning - आवेदन
English Meaning - petition, plea, appeal, suit.

9.archaeologist (noun)

Hindi Meaning - पुरातत्त्ववेत्ता
English Meaning - an expert on history who gains expertise through experience with historical documents and artifacts.

10.strategy (noun)

Hindi Meaning - रणनीति
English Meaning - (proposed) plan of action, scheme, procedure, approach.

11.District Court (noun)

Hindi Meaning - जिला न्यायालय
English Meaning - In India, the apex court within the district dealing with civil cases as per the Code Of Civil Procedure is called “district court”. While the court dealing with criminal cases is named as “sessions court” as per the Code Of Criminal Procedure (CrPc).

12.dismiss (verb)

Hindi Meaning - नकार देना, अस्वीकार करना
English Meaning - reject, deny, disregard, shrug off, set aside.

13.objection (noun)

Hindi Meaning - आपत्ति, विरोध
English Meaning - opposition, disapproval, disagreement.

14.artefact (noun)

Hindi Meaning - शिल्पकृति
English Meaning - (in general) an object that is made by human workmanship, especially one of historical or archaeological interest. Artifact is the American spelling.

15.assertion (noun)

Hindi Meaning - दावा
English Meaning - claim, profession, affirmation, declaration (that something is true).

16.incremental (adjective)

English Meaning - gradual, step-by-step, phased.

17.conduct (noun)

English Meaning - carrying out, carrying on.

18.surreptitious (adjective)

English Meaning - secret, stealthy, clandestine, furtive, concealed, covert, veiled, indirect, hidden.

19.held past and past participle of hold (verb)

English Meaning - (of a court) rule, decide.

20.suit (noun)

English Meaning - lawsuit, court case, case, legal action, litigation.

21.assert (verb)

English Meaning - insist on, defend, push for, stand up for.

22.precincts (noun)

English Meaning - an area which is restricted/enclosed with walls or some definite boundaries for specific purposes.

23.bar (verb)

English Meaning - ban, prohibit, forbid, prevent.

24.Places of Worship (Special Provisions) Act, 1991 (noun)

English Meaning - An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.

25.froze past tense of freeze (verb)

English Meaning - hold in a fixed state/condition.

26.seek (verb)

English Meaning - request, ask for, demand, appeal for.

27.brazen (adjective)

English Meaning - blatant/flagrant; bold and shameless; unashamed, unembarrassed.

28.contradiction (noun)

English Meaning - denial, refutation, rebuttal, disagreement, disputation, contravention, discrepancy, difference, mismatch, inconsistency.

29.stand (noun)

English Meaning - position, point of view, standpoint, approach.

30.ascertain (verb)

English Meaning - find out, discover, dig out.