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A Public Interest Litigation in the Supreme Court has sought direction to the Government to conduct a survey on all ancient prominent mosques which are over a hundred years old in India.
The PIL filed by Advocates Shubham Awasthi and Sapta Rishi Mishra has sought a survey of all ancient mosques "with wells, ponds for Wudu/Wuzu or with hidden passages which were built over places of worship of other religions for discovery of hidden Relics/Deities as mentioned in Puranas/Upanishads/Jain Agamas/Buddhist texts belonging to Hindus/Jains/Sikhs/Buddhists."
It has been argued that the culture cannot be abridged by its tangible products because it is continuously living and evolving. The essence of cultural heritage doesn't only include tangible properties but also the essential elements representing the living culture of human communities, their evolution, and their continuing development.
In this regard, it submits that the cultural heritage includes all immaterial elements considered by a given community as essential components of its intrinsic identity as well as of its uniqueness and distinctiveness in comparison with all other human groups.
The plea filed through Advocate Vivek Narayan Sharma states that the petitioners feel for the plight of the fellow citizens of Hindus/Jains/Buddhist/Sikhs and the way they have lost a major part of their ancient relics during the invasions in the Medieval Period in India and how nothing has been done till now to assess the lost heritage and intangible cultural heritage.
It states that "a Shivalinga has been found at the Gyanvapi Mosque in Varanasi inside the pond/well where the people offering prayers used to perform Wudu/Wuzu i.e. wash their feet before offering prayer in the dome area. Such practice is not only mischievous but also completely derogatory to the Hindu Religion and the billions of Hindus following Hindu Religion and Gods."
The plea has further sought the protection of findings thereof and make alternative arrangements for Wudu/ Wuzu at the mosques till the confidential survey is completed.
It has also sought protection as to, if any Relic/Deities is found inside ponds/wells, it doesn’t cause any damage to it or hurt any religious sentiments or disrupt public order.
The plea submits that the PIL has been filed as an attempt to seek stoppage on the derogation being openly done by people of a particular religion and secure brotherhood among all.
"Enmity is borne out of disrespect, and mutual respect has the capacity to bring together the followers of different religions."
"This would also benefit in maintaining communal harmony and public order if in future any such relic is found in these places and would avoid unnecessary hatred by any organisation or even media houses," the petition submits.
It also states that the Government holding possession of cultural heritage items is not as a property owner but as a "trustee of humanity".
In addition to the reliefs sought in the petition mentioned above, the plea has sought the following directions:
It may be noted that recently the apex court had directed that the Civil Suit pertaining to the Gyanvapi dispute be transferred from the court of Civil Judge Senior Division Varanasi to the court of District Judge for further proceedings. The court directed that all interlocutory and ancillary proceedings be decided by District Judge.
The court had further held that the interim order it had passed on May 17, 2022, which protects the area where Shivlinga has been found will continue till the objection to the maintainability of the suit filed by the Mosque administration is decided by the district court and will continue for 8 weeks after that. The direction has been passed in a plea seeking a stay on the survey being conducted at the Gyanvapi.
Cause Title: Shubham Awasthi & Anr Vs. Union of India & Ors.
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