Recent legal development in Rajasthan has sparked intense debate, as a local court accepted a petition alleging that the Ajmer Sharif Dargah, dedicated to Sufi saint Khwaja Moinuddin Chishti, was originally a Shiva temple. This follows the controversial survey of the Shahi Jama Masjid in Sambhal, Uttar Pradesh, which triggered protests and violent clashes, resulting in the deaths of five Muslims, including a minor.
The petition was filed by Vishnu Gupta, a leader of the right-wing Hindu Sena, who demands that the Ajmer Dargah be officially declared the “Sankat Mochan Mahadev Temple.” Gupta’s plea requests the Archaeological Survey of India (ASI) conduct a thorough survey of the site to confirm its religious and historical significance. Furthermore, he calls for the cancellation of all legal registrations associated with the dargah and for Hindus to be granted the right to worship at the site. The case has now been taken up by Civil Judge Manmohan Chandel, who has issued notices to the Ajmer Dargah Committee, the Ministry of Minority Affairs, and the ASI, asking them to respond to the petition. The case is set for a hearing on December 20.
In response to the petition, Aam Aadmi Party (AAP) MP Sanjay Singh has called on the Supreme Court to intervene, citing the Places of Worship (Special Provisions) Act, 1991. This Act, which prohibits the alteration of the religious character of places of worship as they stood on August 15, 1947, was introduced to prevent communal strife and legal disputes over religious sites. Singh warned that such claims—asserting that mosques were once Hindu temples—could lead to widespread unrest. He criticized the BJP and Prime Minister Narendra Modi for allegedly fueling these divisive issues.
The Places of Worship Act, 1991 was enacted to maintain the status quo of religious sites in India. It prohibits the conversion of any place of worship, whether fully or partially, from one religion to another. The law was designed to promote interfaith harmony by preserving the religious identity of sites as they existed on August 15, 1947. Section 4 of the Act reinforces this by preventing any change to the religious character of such sites. The law also invalidates any legal disputes concerning the conversion of religious sites before 1947. However, notable exceptions include the Ram Janmabhoomi-Babri Masjid case, which was already under judicial scrutiny when the Act was passed.
The controversy surrounding the Ajmer Dargah is not isolated. Other religious sites across India have faced similar claims, fueling communal tensions and unrest:
These disputes are stoking divisions and raising concerns about the potential for widespread communal conflict. With the Ajmer Dargah case set for hearing next month, the growing trend of claims about mosques and dargahs built on former Hindu temples is raising questions about how India can navigate its complex religious landscape without further inflaming tensions.
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