My hometown is a depiction of the phrase ‘unity in diversity’. Every stroll across Ernakulam’s Jew Town fills my heart with pride. A Jewish Synagogue, a mosque, a church and a temple – all situated less than a kilometre from each other. History has seen the residents of this area rise to the prayers recited aloud at these places. To the old-timers, this place was viewed as a blessing for the rest of their community, which faced harsher realities elsewhere. This thought must be pondered upon amidst discussions about The Places of Worship Act of 1991.
People, religion, and worship
Communication is key to most religions. Most faiths demonstrate values that stem from conversations between individuals. The Bhagavad Gita, for instance, is essentially a conversation about several facets between Krishna and Arjuna. The Bible too highlights conversations between Jesus Christ and his disciples. Islamic texts such as the Quran also contain similar components. Indeed, these texts promoted the idea of conversations as a means to resolve disputes and foster harmony.
Ramana Maharshi once said a person prays owing to being helpless and thus seeking a Higher Power’s help. Some others believe prayers to be a conversation with God. ‘Worship’ in the legal sense refers to offering honour and adoration to the Divine Being. If religion stems from talks (or as common parlance would deem it - ‘chat sessions’), then the pertinent question would be – does a High Power need conversations to be within closed walls?
In 2013, the former judge of the Allahabad High Court Justice Sunil Ambwani explained how religion entails faith, belief, and principles concerning a person’s spirit. Further, it must be capable of expression in words or deeds, such as worship. A cursory glance at ancient text highlights no such mandate about a dedicated space the same, nor are they opposed to such an idea. So what led to the establishment of specific places of worship?
The common thread that strings these institutions is the sense of community. A Hindu temple is instrumental in ensuring the survival of various traditions, customs, etc. and the people adhering to them. This perception applies to mosques, churches, monasteries, gurudwaras, and more. Indeed, India is home to various communities and the presence of different establishments stands testimony to the same.
Places of Worship Act, 1991 – does it facilitate communication?
The Places of Worship Act, 1991 was enforced in July 1991 amidst commotions over the Ram Janmabhoomi-Babri Masjid. While it strives to protect religious property (such as temples, mosques, churches, etc.) in its truest form, it contains several ambiguities. To begin with, Section 5 of this law excludes the contested Ram Janmabhoomi-Babri Masjid. Further, the phrase ‘as it existed on August 15, 1947’ is arbitrary given the country’s past accounts. Most importantly, it does not foster communication between members of the communities who are associated with such issues. This paved the way for excessive interference by lawmakers and the judiciary in matters related to faith, culture and identities.
Can conversations resolve religious property disputes?
A glance at the lives of many Indians could answer this query. Uttar Pradesh has witnessed the active participation of many Muslims and Hindus during the Dussehra festivities. Additionally, an Imambara or a Muslim congregation hall in the State’s Gorakhpur district also depicts similar sentiments. In West Bengal, many Muslims express their gratitude to a Bengali Hindu family for taking care of a mosque built on their land many years ago. A village in Punjab saw Sikhs, Muslims and Hindus help one another to restore a mosque and temple as well as celebrate Gurupurab, Shivratri, and Eid. Back home, in Kerala, a Church permitted the performance of certain Hindu rituals upon discovering the remnants of an old temple. Question – would any of these be possible without people talking to each other?
What do the laws state?
Article 25(1) of the Indian Constitution guarantees the right to practice, profess, and propagate one’s religion. Further, it assures all people to right to manage and establish institutions for religious and charitable purposes under Article 26(1). Then again, disputes related to deities have not been brought under the ambit of alternate dispute resolutions like mediation. This has been explicitly explained in the First Schedule of the Mediation Act, 2023. However, property disputes within the realm of the Transfer of Property Act of 1882 can be resolved through such methods. These differences result in numerous court cases sneaking through the legal system. Needless to say, their resolution remains questionable.
So, talk in everlasting words
Acceptance and fraternity are key in these circumstances. Courtrooms provide ample room to test one’s legal acumen. But no legal procedure can outdo the miracles of conversations between two or more parties. Long-drawn disagreements often after a 30-minute chat between the parties! This saves the parties time, money, and the fear of ruining healthy personal relationships. The presence of mediators can help break those cultural barriers between the parties and cut through their cluttered thoughts. This would help crystallise the scope of the dispute and trigger quick problem-solving mechanisms. It will also help keep power and influence at bay by creating a neutral platform for everyone to voice their views.
Policymakers, thus, must foster the idea of community communication. They must initiate projects to reach out to native residents and their representatives to understand their needs. These views must be analysed objectively but without impacting their identities or culture. It might amaze you to know that a heartfelt apology from a descendant of a family or a community guarantees closure better than a court-decree.
More importantly, one must not shy away from one’s history. It must be discussed openly to gather a holistic understanding of our past, present, and future. Such practices can strengthen communal harmony. This would eventually result in peace and sustenance in a diverse setup like India.
