On 30th September around 4-15 PM when the first set of lawyers stepped out of the court and got caught in the media cacophony, the only sense one could make was the victory sign flashed by half a dozen lawyers in that large contingent indicating that it was a decisive victory for one party. But thankfully even before the audience could decode the judgment, the news channels started to flash: 2-1 the judges rule in favour of dividing the land in to three equal halves.
On the face of it the judgment has something for both the Hindus & Muslims. Even though many critics have slammed the verdict and termed it as a legal disaster & the Muslims groups feel that it is tilted in favour of the Hindu groups, yet they all have accepted the verdict with dignity & humility.
But there are five important factors that emerge from this verdict-
Statesmanship displayed by the Court
From a nation’s point of view there could not have been a better judgement. The court bearing in the mind the sensitivities involved in this case has delivered a verdict that has left something on the table for everyone at the same time denying comprehensive victory for one party. But by this verdict the court has also shown the government what it could have done many years back even before this issue devastated our nation. So in that sense even if this verdict is ‘panchayati’ as termed by many critics, it still is the most spirited verdict and highlights the statesmanship displayed by the court.
Legal questions
From a legal point of view, this judgement has fundamental flaws. No doubt the court with the best of intentions to keep the nation calm has approached the case in an extraordinary manner but even then the basic fundamental question it has given birth to is that whether the court can place ‘faith’ over evidence to pronounce its verdict. The cause of concern is as pointed out by many legal experts that this can set a wrong precedence for future legal cases pertaining to places of worship. These are valid concerns as the judiciary of this country has always been seen as a symbol on unbiased justice. And without doubting the intention of the court in this case the problem is that there could be far reaching ramifications if this verdict has legal & constitutional flaws.
Supreme Court’s critical role
In all likelihood the case will move to the High Court as some groups have already announced. The Supreme Court’s role is significant for two reasons- 1) The Supreme Court will give the most impeccable decision based on legal grounds which is expected to address the legal loopholes which have emerged after this verdict 2) The decision of the Supreme Court will also put to rest the fate of this issue legally at least which may lead to a closure. Which means that all parties involved in this case will either have to accept it and hopefully with dignity given that all the parties have maintained so far that they will respect the judiciary. The Supreme Court verdict will also give a clearer picture of the constitutional aspect of this case which could set the blue print for any out of court settlement.
Verdict cannot validate 6th December demolition
Another concern for the Muslim community & secular forces are that does this verdict validate the demolition of the mosque on 6th December 1992? Constitutionally & legally the demolition was a criminal act and shameful for our democracy and there are no two ways about it. And there is already a separate case under trial which is dealing with demolition issue. So mixing both the cases is the wrong way to look at it. This case was entirely a civil case fought for the possession of a private land. On the other hand the demolition case is a criminal case and pertains to the failure of law & order.
Out of court settlement
This case has possibly given a good foundation to reach an out of court settlement which would be the ideal solution. Because frankly, other then the parties involved, an average Hindu or Muslim really doesn’t care. All the parties can now adopt a more pragmatic approach that can pave way for an out of court settlement. No party can have it their way completely as is evident by this verdict. So working out a middle way can solve it once and for all, which is possible post this verdict.
The biggest winner: Our Indian secular faith
As I had mentioned in my prelude to the Ayodhya court verdict that this judgment will test the real faith of this nation. Is the fundamental religious faith still stronger than the secular democratic faith was the big question? And the average Indian has displayed they have moved on and realized that the 1992 time was a dark phase of our democracy and that will only make us regressive. No doubt that barring a few diluted politicians like Mulayam Singh, all political parties reacted in a very mature fashion which made this verdict even sweeter. This reaction has reinforced the belief that we are a nation that is ready to accept mistakes and rectify them for out larger good. The battle that was fought for 60 years in the court between Muslims and Hindus finally has a clear winner- and that is ‘the Indian secular faith’.
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