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LEGAL STUDIES

THE AYODHYA CASE:A DETAILED ANALYSIS


NAME:SASHREEK A
CLASS:11 C
ROLL NO:

INTERNAL EXAMINER EXTERNAL EXAMINER

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BIBLIOGRAPHY

I would like to thank our Principal Mr.Aloysius


D’Mellow and our Vice Principal Ms.Elizabeth
Joseph and our Legal Studies teacher
Ms.Lakhsmi M Nair for giving me an
opportunity to do such a wonderful and nice
project

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INDEX
Sr Page number topi Teacher’s
n c acknowledgeme
o nt
0 INTRODUCTIO 04
1 N
0 HISTORY OF 06
2 THE DISPUTE
0 IMPORTANT 17
3 EVENTS
0 CONCLUSION 21
4
0 BIBLIOGRAPH 23
5 Y
0
6
0
7

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INTRODUCTION

The Ayodhya dispute was a political, historical, and


socio religious debate in India. The dispute that stretches back more than a century is one of
the most interesting court cases and had its presence in almost every political statement
that was made. The dispute was over the land where Lord Ram was born and who stands to
be called as the rightful owner of it.There was a Temple on the land until the 14 th century
until Babur,a Mughal invader came and demolished the temple and built a mosque on the
land named after him.The issue was between Hindus and Muslims as to owns the land
rightfully.The judgement was finally given on 9th November 2019 by the Supreme court
headed by chief justice Ranjan Gogoi declaring the land as rightfully of the Hindus.The board
also directed the government to provide 5 acres of land to the muslims for building a
mosque.

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HISTORY OF THE DISPUTE
Evidences to prove that the place rightfully for the birthplace of Lord
Ram and had a temple over there:
Ram Janmabhoomi sthan was the place where Lord Ram was born.It
was situated in Ayodhya on the banks of river Sarayu.There was a
magnificient temple present there until Babur invaded India and
demolished the temple and built a mosque there,There are several
people who deny the holy place to be birth place of Lord Ram,but
now I am presenting several evidences which clearly prove it to be
the birthplace of Ram as well as prove the existence of a temple over
there.
Literary Evidence
(a) Sanskrit Literature
(b) Books by Muslim writers, and
(c) Works and reports by foreign writers.
Sanskrit Literature
Right from the times of Valmiki till the modern times, the fact of
Ayodhya being the birthplace of Shriram is stated not only in the
Sanskrit epics, poetries, and other poetical books but also in most of
the Puranas, many Upanishads, and other religious scriptures. There
is a detailed description of several holy places pertaining to Shriram
in Ayodhya Mahatmya. Besides, the significance of Janmbhumi
Mandir is also narrated after mentioning the location of this Mandir.
A very long list could be given about such epics, poetries, dramas.
Wherein mentions are found about this. Names of some of these are
given below :
Epics:- Valmiki Ramayana, Ram Upakhyan of Mahabharat (Van
Parva), Yog Vasisth, Adhyatma Ramayan, Raghuvamsh, etc.
Poetry:- Ramgeet-Govind, Geet Raghav, Ram Vilas, Ram Ashtak, etc.
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Dramas:- Pratima, Abhishek, Uttar Ramcharit, Hanumannatak,
Prasanna Raghav, Ramabhyudaya etc.
Akhyan:- Bruhat Kathamanjari, Champu Ramayan, Katha Saritsar etc.
Puranas:- Vishnu, Brahmand, Vayu, Koorma, Padma, Skanda, Narad
etc.
Upanishads:- Ramottar Tapaniya, Ram Rahasya etc.
Other Religious Scriptures:- Jaiminiya Ashwamedh, Hanumat Vijaya,
Hanumat Sanhita, Bruhat Koushal Khand etc.
Books by Muslim Writers
In addition to Hindu religious, literary and other types of works
written in Sanskrit, the mention of not only this being the Christmas
birthplace in Ayodhya is found in the books written by the Muslim
authors of Arabic, Parsi, and Urdu, but the fact of construction of the
Musjid after demolishing that temple has also been accepted
therein. Names of these books by some of the Muslim authors are
given below together with the quotations thereof :

(1) Ayeen-e-Akbari: by Abul Fazl – 1598


The author of Ayeen-e-Akbari Abul Fazl is a well- known author of
the Mughal Era in the latter half of the 16th century. He has most
definitely connected the residential place (Banga) of Shri.
Ramachandra with Avadh (Ayodhya). According to Abul Fazl, Shri.
Ramachandra was the embodiment of spiritual power as also the
worldly regal power in Treta Yug. Abul Fazl has also testified that
Avadh (Ayodhya) had the honor of being one of the most sacred
(religious) places since times immemorial. He has further written that
the Ram Navami festival, symbolic of the birth-day of Shriram was
being celebrated with great aplomb and enthusiasm. Since Abul Fazl
has mainly dealt with the institutional and administrative system of

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the Mughals (under the Akbar regime), he has not given any details
about this disputed building or any other temples or buildings.

(2) Sahifa-e-Chahal Nasa-in-Bahaddur Shahi: by the daughter of


Alamgir, son of Bahaddur Shah (End of 17th century and beginning of
18th century)
œ…..The Masjids, which have been built on the basis of orders of
Badashah (Ba Farman-e-Badashahi) are not permitted to hold Namaz
prayers, nor to read the Khutba therein. The Hindus (Kufr) have a lot
of faith in the Hindu temples situated in Mathura, Benaras, Avadh,
etc. Like the birthplace of Kanhaya, Sita Rasoi (kitchen), Hanuman
Sthan, where he had sat in the proximity of Shri. Ramachandra on
return after the Lanka victory. All these places were destroyed and
Masques were built on those spots only with a view to display the
Islamic power. these Masjids have not been given the permission to
hold Juma and Jamiyat (Namaj offered on Juma). But it was made
mandatory not to worship any idols in them nor should any sound of
conch shells be allowed to fall on the Muslim ears…….

(3) Hadika-e-Shahada by Mirza Jan – 1856


Mirza Jan, who claims that he has studied various ancient sources in-
depth, asserts in his statements, œThe earlier Sultans did encourage
the propagation and glorification of Islam and trampled the non-
believers (Kufr) i.e. Hindu forces. Thus they redeemed Faizabad and
Avadh of this mean tradition (Kufr) …… This (Avadh) was a very big
centre of worship and the capital city of the kingdom of Rams father.
There was a mejistic temple on the spot a huge Musjid was
constructed there on and a small canopy Mosque (Kanati Masjid) on
the spot, where there was a small Mandap. The Janmasthan temple
was the original birth place (Maskat) of Ram. Adjacent to it, there is

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the Sita Rasoi. ……Sita is the name of Rams wife. Hence Badashah
Babar got constructed a tall (Sarbuland) Masjid on that spot under
the guidance of Moosa Ashikan. The same Mosqe is known as Sita
Rasoi till today.

(4) Fasana-e-Ibrat: by Mirza Rajab Ali Baig Sarur


œDuring the regime of Badashah Babar, a grand Mosque was
constructed on the site pertaining to Sita Rasoi in Avadh. This was
the Babari Masjid. Since the Hindus were not strong enough to
oppose, the Masjid was constructed under the guidance of Sayyad
Mir Ashikan…..

(5) Tarikh-e-Avadh or Murakka-e-Khusarabi:


By Shaikh Mohommed Ajmat Ali Kakorvi Nani – 1869 œAvadh was
the capital of the father of Laxman and Ram. A grand Babari Masjid
was built under the guidance of Moosa Ashikan on the spot of a
temple inside the premises of Janmsthan generally known as Sita
Rasoi among the Hindus of this place. Date of construction could be
ascertained from Khair Banki…..

(6) Gumgasht-e-Halat-e-Ayodhya Avadh: by Moulavi Abdul Karim


(Imam of Babari Musjid) – 1885
While giving details of the Dargah of Hazarat Shah Jamal Gojjari, the
author writes that there is Mahalla Akbarpur on the east of this
Dargah, whose other name is Kot Raja Ramachandra also. There
were some Burz (Large cells with domes) in this Kot. There were the
house of birth (Makan Paidaish) of the above mentioned Raja (King)
and the Rasoi (Kitchen); besides, the western Burz and this premises
is presently known as Janmasthan and Rasoi Sita. After demolishing

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and wiping out these houses (i.e. Janmasthan and Sita Rasoi),
Badashah Babar got constructed a grand (Ajim) Masjid on that spot.

(7) Tarikh-e-Avadh: by Allama Mohammed Nazamul Ghani Khan


Rampuri – 1909
œBabar constructed a grand Mosque under the protection of Sayyad
Ashikan on the very same spot where once stood the temple of
Janmasthan of Ramachandra in Ayodhya. Just adjacent to it stood
the Sita Rasoi the date of Mosque construction is Khair Banki (Al Hizri
923). Till today this is known as Sita Rasoi. That temple stands just
beside this…..
The names of the books written by some other Muslim authors who
have the quotations confirming the construction of Musjid after
destroying the temple are as follows:-
n Zia-e-Akhtar : by Haji Mohammed Hassan – 1878
n Kesar-ul-Tawarikh or Tawarikh-e-Avadh Vol.II : by Kamaluddin
Hyder Hussain Al Hussain Al Mashahadi.
n Asrar-e-Haqiqat : by Lachhami Narayan Sadr Kanongo Assistant of
munshi Moulavi Hashami
n Hindostan Islami Ahad : by Moulana Hakim Sayid Abdul Hai – 1972
The Works and Reports of foreign authors
Looking to the significance, glory and sublimity of this place, sevaral
intellectuals from Europe and other countries came here and saw it
personally; read the litreture about it; heard the folk-lores and
discussed the issue with the well-versed people. On the basis of all
this information thus collected, they have written about this place in
their travelogues and reports, Gazetteers and other works. The
quotations from the works and Gazeteers of some important foreign

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authors together with only the names of some of them are given
below :
(1) History and Geography of India : by Joseph Typhentheller – 1785
:- Babar got constructed a Masjid after demolishing the
Ramjanmsthan temple and using its pillars. Hindus refused to give up
the place and they continued to come to that place in spite of the
efforts by Mughals to prevent them from coming there. That they
constructed a platform called œRam Chabutara in the compound of
the Masjid. They used to circumambulate it for three times and
prostrate flat on the ground before it. They were following this
devotional conduct at Ram Chabutara and inside the Masjid also.
(2) Survey Report : by Montegomerry Martien – 1838 :- In the
opinion of the author, (Babari) Masjid was constructed on the debris
of Ramkot itself, instead of the debri of the building built by
Vikramaditya. The pillars used in the Masjid were taken from the
Ram palace only and the designs carved on those pillars were
damaged by Tassubi (Babar)
(3)Gazeteers of the Province of Oundh – 1877 :- This confirms that
the Mughals had destroyed three important Hindu temples and
constructed Masjids on those places. Babar built Babari Masjid on
Ramajanmbhumi in 1528 : Aurangzeb built on the Swarg Dwar (Door
to Heaven) and either Aurangjeb or Shahjahan did the same with the
Lord of Treta. This Gazeteers further confirms all other statement
given in the Historical Sketch of Faizabad by Carnegi.
(4) Faizabad Settlement Report – 1880 :- This report confirms the
fact that Babar got constructed the Babari Masjid in 1528 on the
place of Janmasthan temple that marks the birth-place of Ram.
(5)The Court Decision : by Judge Colonel F. E. A. Chaimier : – While
reading out his decision on the Civil Appeal No. 27 of 1885 after
personally inspecting the site of the Babari Masjid, the district judge
had said, œIt is most unfortunate to have built a Mosque on the
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land, which has been considerd as holy, especially by the Hindus. But
the time of finding a solutoon for this complaint has lapsed. Because
this event has taken place 356 years ago.
(6) Indian Archeological Survey Report : by A. Fuhrer – 1891 :- Fuhrer
accept that Mir Khan had built the Babari Mosque on the same place
of Ram Janmabhumi by using several of its pillars. He has further
confirmed that Aurangzeb had similarly constructed two other
Mosques at Swarg Dwar and Treta Thakur Mandir in Ayodhya.
(7) Barabanki District Gazeteers : by H.R. Nevil – 1902 :- Nevil ststes
in this Gazeteers,A number of conflicts arose beween the Hindu
priests of Ayodhya and the Muslims from time to time about the
piece of land, where upon once stood the Junmasthan temple, which
was destroyed by the Babar and a Mosque was constructed on that
place.
(8) Faizabad District Gazeteers : by H.R. Nevil – 1905 :- This chronical
confirms the fact that the Janmsthan temple, which was earmarking
the birth place of Ram in the Ramkot, was destroyed by Babar and a
Mosque was built upon the same site by using the temple materials
and the pillars. The Hindus continued to consider it as a holy place in
spite of having been defiled. Because of this desecration, there were
several disputes and fighting between these two communities.
(9) Encyclopedia Britannica, 15th edition Vol. I – 1978 :- There is a
mention of constructing a Mosque by Babar in place of a temple that
was already existing on the birth place of Ram prior to 1528 in
this most reliable encyclopedia in the world also. A photograph of
the existing structure is also given in this encyclopedia, which has
been reffered to as a Mosque constructed on the birth place of Ram
in Ayodhya of Uttar Pradesh state in India. Similar information was
furnished in its earliear editions also.
(10)Travel Report : by William Finch – 1608-11

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(11) Historical Sketch of Faizabad ; by P. Carnegy – 1870
(12) Imperial Gazeteer of Faizabad – 1881
(13) Babar Nama (English) : by Enete Beberis – 1920
(14) Archeological Survey of India – 1934
(15) Ayodhya ; by Hans Becker – 1984
(16) Ram Janmbhumi V/s Babary Musjid : by Coenrad Elst – 1990
HIstorical Evidence
Along with the literary evidences, there are several historical
evidences also, from which it becomes comprehensively clear that
this was the temple of Shriram since ancient times, which was
demolished and a Mosque was built on its sites. It is known from the
Maratha documents that was one of the objectives of their military
actions and policy was to liberate the cities of Ayodhya, Prayag and
Varanasi. Some of the evidences are being given below :-
¨ Several researchers have drawn the conclusion after due
researches that their were a minimum of five Vishnu temples in
Ayodhya during 12th century. The Janmabhumi temple is one among
them.
¨ Malhar Rao Holkar had come to the planes between twin-rivers and
vanquished the Pathan armies on the invitation of Navab Safadarjung
in 1751. Immediately after his victory, Holker has told Safadarjung to
hand over Ayodhya, Kashi and Prayag back to Peshwa immediately.
¨ Ardent desire of the Peshwas to liberate Ayodhya is evident from
the letter written by him to Scindia n 23 Feb, 1756. Therein the
Peshwas had reminded him that Suja-ud-Doulla, the son of Mansur
Ali had promised Raghoba (Dada) to return the holy citis of Ayodhya
and Kashi.
¨ Thornton had quoted in 1854 the Taiphentheler statement
appeared in the East India Companys Gazeteer of 1767 about the
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conditions (in Ayodhya) that in spite of the stiff opposition of the
Mughals, Hindus have erected a platform called Ram Chabutara,
which they have been worshipping continuously.
¨ The Muslims had taken over possession of this structure under the
leadership of Shah Gulam Hussain in 1855. Later on, the Hindus
attacked and drove them away.
¨ According to Carnegy, Hindus and Muslims both used to worship
the temple/mosque equally upto 1855.
Wajid Ali Shah had enclosed one document with his letter written to
the British Resident Major James Outram on 12 August 1855. This
document bearing the seal of Kazi of Faizabad of the year 1735 had a
mention of the fact therein that in 1855 also there were fightings
between the Hindus and Muslims on the lines of those in 1707 and
1736, regarding the possession of the Masjid constructed by Delhis
emperor.
¨ In an application given to the British Officers in 1858, the Muajjan
of Babari Masjid had admitted the fact that the outer compound of
the Masjid had been in the possession of the Hindus for centuries.
¨ In 1886, the District Judge of Faizabad had given his decision in a
civil appeal case 27 of 1885 — that it is most unfortunate that a
mosque has been built on the land, which has been considered as
holy especially by the Hindus….
There was a communal riot between Hindus and Muslims in 1934
inside and outside this structure, wherein several people were killed
and lot of damage was done.
¨ English translation of œHindostan Islami Ahadame written by
Moulana Hakim Sardad Abdul Hai, published in 1977 and the Urdu
translation of œGumgast-e-Halat-e-Ayodhya (Avadh) written by
Moulavi Abdul Karim published in 1979 do have a mention of

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construction of a mosque on the spot of Janmasthan after
demolishing of the temple thereon.

Archeological Evidence
Together with literary and historic evidences, such archeological
evidences also have been found in the excavation, which prove that
there was a temple at the spot earlier. Some of them are given
below:
Ö There are still such 14 pillars of touch-stone existing in the
temple, which bear the load of the entire top portion of the structure
and designs generally found in the Hindu temples have been carved
on them. There is a œPurna Kumbh with flowers, leaves and
creepers on one of them. The figures of Gods-Goddesses, dancers,
Dwarpal with Trishul etc. also can be seen on the pil- lars. These
figures are similar to those of Vaishnava Temples of 11th century.
– Rows of pillar-bases built with burnt bricks at regular intervals have
been found in the excavations carried out between 1975 to 1980.
They run parallel to each other and indicate the directions in which
the dark touch-stone pillars of the temples are standing now.

Revenue Evidence
Mention of Janmabhumi is found in Revenue Records and Bandobast
(Survey?) Reports of 1861 and thereafter too as follows
In revenue records of Kot Ramchandra, the residential buildings of
Shri. Ramachandra have been shown as independent of the Ayodhya
city. Jonathan has been shown as a border sign of Kot Ramchandra in
the revenue records. This has been confirmed in the First regular
Bandobast Report (1861) and the subsequent records that this

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record is in the order of brief agreement (of 1858-59) and earlier
records of Navab regime.
Entire Janmasthan area has been shown in the Khata (Ledger) No.
163 within the population zone and its ten plots have been shown as
being owned by the ruler. Names and designations of the Mahants of
Janmasthan have been noted as the possessors of ownership rights.

Only Janmasthan has been shown in the plan-layout of the village


Kot Ramchandra, enclosed with the Bandobast Report (1861) and
Masjid has been shown nowhere in the said plot.
The position has been maintained in the subsequent Bandobast
records of 1893, 1939 and 1989 also.
No plot or sub-plot has been shown as the Waqf property in the
Bandobast Reports after 1961.
Though the amended Khasra No. 580 of Govt. dept. (1931) show
both the Babari Masjid and the Ram Chabutara under the ownership
of Waqf, they declare Mahant Raghunath as the secondary owner of
the entire plot.
According to the provisions of the Uttar Pradesh Waqf Act 1936 or its
version of 1960, there is no record wherein the Babari Masjid has
been registered as Waqf property.

Revenue records refer this as Masjid Janmasthan.


This total area is shown as 5 Bighas and 7 Biswas in the Records of
1861. Even now this area measures exactly the same.
Hence,here I have presented evidences for proving that as the
birthplace of Lord Ram and presence of a temple in the disputed
area.

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A look at some of the important events in the Ayodhya case-
1528: A mosque is built at the site by Mughal emperor Babur After
demolishing the Ram Mandir present there.
1885: Mahant Raghubir Das files plea in Faizabad district court
seeking permission to build a canopy outside the disputed Ram
Janmabhoomi-Babri Masjid structure. The court rejects the plea.
1949: Idols of Ram and Sita are found under a central dome outside
the disputed structure. It is not clear who placed these idols.
1950: Gopal Simla Visharad files a suit in Faizabad district court for
the rights to worship the idols. The same year, Paramahansa
Ramachandra Das also files a suit to continue prayers and keep idols
in the structure.
1959: The Nirmohi Akhara files a third suit, seeking direction to hand
over charge of the disputed site.
1981: The Uttar Pradesh Sunni Central Wakf Board files the fourth
suit for declaration and possession of the site.
February 1, 1986: The district court orders the removal of locks and
opening of the site for Hindu worshippers.
August 14, 1989: The Allahabad High Court orders maintenance of
status quo in respect of the disputed structure.
December 6, 1992: Babri Masjid structure is demolished.
1993: The Centre takes over the 67 acres of land around the area and
seeks the Supreme Court’s opinion on whether there existed a Hindu
place of worship before the structure was built. A number of writ
petitions, including one by Ismail Faruqui, are filed at Allahabad High
Court challenging the court order.
October 24, 1994: Supreme Court says in the historic Ismail Faruqui
case that a mosque was not integral to Islam.

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April, 2002: Allahabad High Court begins hearing to determine who
owns the disputed site.
March 13, 2003: In the Aslam alias Bhure case, Supreme Court says
no religious activity of any nature can be allowed at the site.
March 14, 2003: Supreme Court says interim order passed should be
operative till disposal of the civil suits in Allahabad High Court to
maintain communal harmony.
September 30, 2010: A special full bench of the High Court of
Allahabad rules three-way division of disputed area between Sunni
Waqf Board, the Nirmohi Akhara and Ram Lalla.
May 9, 2011: Supreme Court stays Allahabad High Court verdict.
February 26, 2016: Subramanian Swamy files plea in the top court
seeking construction of Ram temple at the site.
March 21, 2017: Former Chief Justice of India Jagdish Singh Khehar
suggests out-of-court settlement among rival parties.
August 7, 2017: Supreme Court constitutes three-judge bench to
hear pleas challenging the 2010 verdict of the Allahabad High Court.
February 8, 2018: Supreme Court starts hearing the civil appeals.
July 20, 2018: Supreme Court reserves its verdict.
September 27, 2018: The top court declines to refer the case to a
five-judge Constitution bench. It says the case will be heard by a
newly constituted three-judge bench on October 29.
October 29, 2018: A three-judge bench led by Chief Justice of India
Ranjan Gogoi orders that the dispute appeals will be listed in January
2019 before an appropriate bench to fix a date for hearing.
January 8, 2019: Supreme Court notifies that a five-judge bench led
by the CJI and the next four future Chief Justices of India in line of

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seniority – Justices SA Bobde, NV Ramana, UU Lalit and DY
Chandrachud – will hear the Ayodhya title dispute appeals.
January 10, 2019: Justice UU Lalit recuses himself from the case and
the top court reschedules the hearing for January 29 before a new
bench.
January 25, 2019: The top court reconstitutes five-member
Constitution bench to hear the case. The new bench comprises Chief
Justice Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok
Bhushan and SA Nazeer.
February 26, 2019: The Supreme Court proposes a court-monitored
mediation process between the Hindu and Muslim parties litigating
the Ayodhya dispute. It gives eight weeks for the Muslim appellants
to examine the official translation of Ayodhya case records.
March 8, 2019: The top court refers the Ayodhya dispute for
mediation. The mediators are former Supreme Court judge FMI
Kalifulla, religious leader Sri Sri Ravishankar, and senior advocate
Sriram Panchu
August 2, 2019: The mediation panel fails to resolve the Ayodhya
land title dispute case. The court decides to conduct daily hearings
from August 6.
August 6, 2019: The Constitution bench begins hearing the cross-
appeals filed by the Hindu and Muslim sides challenging the three-
way partition of the disputed 2.77 acres of the land.
October 16, 2019: Supreme Court reserves Ayodhya verdict after 40-
day marathon hearing.
November 9, 2019: The Supreme Court will pronounce its judgement
in the Ayodhya land dispute case.

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In the picture is the idol of Ram Lalla found during excavation along
with our honourable Prime Minister Shri Narendra Modi praying to
ram lalla during the ram mandir construction after supreme court
passed its judgement.

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CONCLUSION

The verdict given out by Supreme court on The Ayodhya case shows
the unbiased and secular legal systm of the country.It upheld law and
ended the injustice that was forced upon the hindus sice the times of
the Mughals.They were given what were rightfully theirs.Muslims
were also given 5acres of land in the Ayodhya itself.Thus it was a
landmark in the revival of Hindu culture in the country.Very
soon,Hindus will also get back The disputed land in Mathura and
Kashi which is rightfully theirs but forcefully snatched by Mughal
emperor Aurangazeb.

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BIBLIOGRAPHY

https://bsmedia.business-
standard.com/_media/bs/data/general-
file-upload/2019-11/ayodhya%20(1).pdf
https://vhp.org/shri-ram-janmabhumi-
mandir/rama-janma-bhoomi/evidences-
in-favour-of-shriram-janmabhumi-mandir/
https://www.jagranjosh.com/general-
knowledge/timeline-of-babri-masjid-ram-
janmabhoomi-dispute-case-1495023687-1
https://bsmedia.business-
standard.com/_media/bs/data/general-
file-upload/2019-11/ayodhya%20(1).pdf

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