Sambhal Mosque-Temple Dispute: Unrest, Legal Complexities, and Religious Harmony at Risk

The Trigger: Court-Ordered Mosque Survey

On November 19, 2024, a local court in Sambhal ordered an archaeological survey of the historic Shahi Jama Masjid, built in the 16th century. The petitioners, supported by Hindu nationalist groups, claimed that the mosque was constructed over a Hindu temple known as the Harihar Temple.

The survey, conducted by the Archaeological Survey of India (ASI), began on the same day. However, a second survey attempt early on November 24 caused panic among residents after rumors spread that the team was digging inside the mosque. Tensions quickly escalated as crowds gathered around the mosque.

Violence Erupts: Five Dead Amid Protests

The situation turned violent on Sunday morning, leading to clashes between Muslim protesters and police. At least five people lost their lives due to bullet injuries, including Nayeem Ahmad, a 35-year-old shopkeeper. His family accuses the police of excessive force, claiming he was shot despite not being part of the protests.

The police, however, alleged that unidentified miscreants opened fire, forcing them to respond. Following the violence, internet services were suspended, schools were closed, and a curfew-like situation was imposed to restore order.

Legal Background: The Places of Worship Act

The Places of Worship Act, 1991, prohibits the alteration of the religious character of any site as it stood on August 15, 1947. This law was enacted to maintain communal harmony, particularly after tensions over the Babri Masjid in Ayodhya.

In 2019, the Supreme Court of India ruled in favor of a Hindu temple on the Babri Masjid site while upholding the Places of Worship Act for other cases. However, subsequent cases, including the Varanasi mosque dispute, have reopened old wounds.

Role of the Supreme Court

Critics blame the Supreme Court for the escalating tensions. In 2022, then Chief Justice D.Y. Chandrachud allowed a survey of the Gyanvapi Mosque in Varanasi, despite the protections under the Places of Worship Act. Legal experts argue that this decision set a precedent for similar petitions across India, including the case in Sambhal.

Colin Gonsalves, a senior lawyer, called the decision a “dangerous move” that fueled communal violence. Nadeem Khan, a member of the Association for Protection of Civil Rights (APCR), added that such surveys have become tools for political gains, further marginalizing the Muslim community.

Impact on the Community

For Muslims in Sambhal, the fear of losing their places of worship is growing. The Shahi Jama Masjid, a protected monument of national importance, is now at the center of a conflict that threatens to deepen divisions.

Tasleem, the brother of victim Nayeem Ahmad, said, “My brother was not among the protesters, yet the police killed him. Who should we ask for justice now?” Nayeem is survived by his wife and four children, the eldest being just ten years old.

What’s Next? A Call for Justice

The violence in Sambhal highlights the fragility of communal harmony in India. While the Supreme Court and political leaders must work toward peaceful resolutions, the people of Sambhal are left grappling with grief and fear.