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Kashi Vishwanath & Mathura Shri Krishna Janmabhoomi

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Demand Fast-Track Trials to Reclaim

Kashi Vishwanath & Mathura Shri Krishna Janmabhoomi

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The reclamation of the Kashi Vishwanath Temple in Varanasi and the Shri Krishna Janmabhoomi Temple in Mathura is not just an effort to restore physical structures—it is a call to revive the spiritual and cultural essence of Bharat. These temples, symbols of Sanatan Dharma’s timeless legacy, stand as testaments to the resilience and devotion of Hindus through centuries of attacks by invaders. Reclaiming these sacred spaces is an act of honouring our ancestors’ sacrifices, preserving our heritage, and passing on our rich traditions to future generations. It is unfortunate that while the truth regarding Hindu temples is there for all to see, these cases remain unresolved. These sites of historical and religious significance still await justice despite prolonged court battles. Justice delayed is justice denied — therefore, the prolonged delay in delivering judgments on the Kashi and Mathura matters amounts to injustice. Unitedly demand for immediate hearings in the Kashi Gyanvapi Case and the Mathura Shri Krishna Janmabhoomi Case.

Legal Battle to Reclaim Temples

Pujya Hari Shankar Jain and Vishnu Shankar Jain are prominent lawyers and Dharmik activists at the forefront of the legal efforts to reclaim the Kashi Vishwanath Temple (Gyanvapi Mosque) and the Mathura Shri Krishna Janmabhoomi Temple (Shahi Idgah Mosque) on behalf of the Hindu community. They have dedicated years to these cases, viewing them as not just legal battles but also spiritual and Dharmik duty. They have consistently highlighted the historical and archaeological evidence supporting their claims and emphasised the importance of restoring these sites to their original religious purpose – temples dedicated to the revered Shiva and Shri Krishna.

Kashi Vishwanath – Gyanvapi Case

Petition Filed

Pujya Hari Shankar Jain and Vishnu Shankar Jain filed petitions on behalf of Hindu devotees seeking the restoration of the Kashi Vishwanath Temple at the Gyanvapi Mosque complex site.

Legal Demands

1. A survey and excavation of the site by the Archaeological Survey of India (ASI) to establish the temple’s remains beneath the mosque.

2. Legal rights for Hindus to worship at the original site of the temple.

Recent Developments

1. 2022 – Gyanvapi Mosque complex survey revealed presence of a “shivling” in the mosque’s wazukhana.

2. January 31, 2024 – Court permits Hindu devotees to offer prayers in the ‘Vyas Ka Tekhana’ inside the Gyanvapi mosque complex.

Mathura Shri Krishna Janmabhoomi Case

Petition Filed

Pujya Hari Shankar Jain and Vishnu Shankar Jain filed 18 suits for possession of land after removal of illegal structure of Shahi Idgah Mosque adjacent to the Krishna Janmabhoomi Temple in Mathura as well as for restoration of temple to the Hindu devotees.

Legal Demands

1. Nullification of a 1968 agreement between the Shri Krishna Janmasthan Seva Sansthan and the Shahi Idgah Mosque committee, which allowed the mosque to remain on the disputed site.

2. A survey by the ASI to investigate the site for evidence of a Hindu temple.

Recent Developments

1. May 2022 – Mathura district court admits petition challenging the 1968 compromise and allows case to proceed.

2. August 1, 2024 – High court rejects plea challenging the maintainability of 18 cases related to the Shri Krishna Janmabhoomi-Shahi Idgah dispute; rules that the religious character of the mosque needs to be determined.

FAQs

The Places of Worship (Special Provisions) Act, 1991 was enacted by the Indian Parliament to maintain the religious character of all places of worship as they existed on 15th August 1947. It prohibits the conversion of religious places from one religion to another and bars filing legal suits to change the character of such places, with the exception of the Ram Janmabhoomi-Babri Masjid dispute.

The Act prevents legal challenges to the status of Kashi Vishwanath (Gyanvapi Mosque) and Mathura Krishna Janmabhoomi (Shahi Idgah Mosque), despite evidence and claims that these sites were originally Hindu temples. This has led to litigation and appeals questioning the constitutional validity of the Act.

It infringes on the right to seek legal remedies, which is a fundamental right under the Constitution.
It disproportionately affects Hindus, as it denies justice by dismissing legal remedies for reclaiming or legally challenging historical religious structures and temples that were converted during invasions which were religiously motivated.
It creates a bias by exempting the Ram Janmabhoomi case, while denying similar opportunities for sacred sites like Kashi Vishwanath and Mathura Krishna Janmabhoomi.
It is inconsistent with the principle of equality before the law.

The Act was passed during the tenure of Prime Minister P.V. Narasimha Rao amid rising communal tensions and the Ram Janmabhoomi movement. The aim was to preserve communal harmony and prevent future disputes over places of worship. While the intention seems noble, the fact that thousands of Hindu temples were razed or built over by Islamic invaders and this act effectively denies Hindus the right to reclaim their sacred places of worship goes against the principles of justice.

No. Under Section 4(1), the Act bars filing new cases to alter the status of any religious place as it existed on 15th August 1947. Any ongoing litigation related to such places, except for Ram Janmabhoomi, was also deemed null and void.

The Supreme Court has observed that the right to judicial review is part of the basic structure of the Constitution. Several petitions challenging the constitutional validity of the Places of Worship Act are pending before the Court. The verdict on these petitions will decide if the Act violates fundamental rights.

A comparison between the Places of Worship Act, 1991, and the Waqf Act, 1995, highlights discrepancies.

Waqf Act, 1995 grants extensive powers to the Waqf Board to reclaim ‘encroached’ properties/disputed properties through district magistrates. The Waqf Board can declare any property as “waqf”.
In contrast similar legal privileges are not available for Hindus or other religious institutions.

The Places of Worship Act, 1991 and the Waqf Act, 1995 expose a stark disparity in how different religious communities are treated under the law. Hindus demand a balanced framework that respects the rights of all faiths equally. The judicial review of these laws is crucial for upholding constitutional fairness and ensuring harmony.

This is a pivotal moment in the history of Hindus. So it is a time to place the following demands before the government –

  1. Question the Constitutional Validity of the Act – support all petitions that seek to question the constitutional validity of the Places of Worship Act. Speak to your public representatives and impress upon them your objections to the inherent biased nature of this Act in overlooking the historical injustices to Hindu places of worship. 
  2. Demand Repeal of the Act – Create awareness among your family and friends regarding the unconstitutional nature of the act and mobilise support for the demand to repeal the Act. 
  3. Demand to Establish the Original Religious Nature of the Disputed Sites  – Most if not all such disputed sites are left untouched as places of national, cultural or religious importance. Demand that each of these sites must undergo a scientific survey under the watchful eyes of the judiciary to ascertain their original religious nature. This will establish that the Islamic structures were built after razing Hindu temples.

History of The Temples

The Kashi Vishwanath Temple is a symbol of devotion, resilience, and the indomitable spirit of Hindu civilisation. It remains a vital pilgrimage site, attracting lakhs of devotees annually, and holds a special place in Hindu belief as one of the twelve Jyotirlingas. The temple’s origins date back to time immemorial, mentioned in Hindu scriptures like the Skanda Purana and Kashi Khanda. It is said that Bhagwan Shiva himself established Varanasi as His abode, making the temple and the city a central focus of Shaivism and Sanatan Dharmik tradition.

The original temple faced repeated destruction during foreign invasions. Notable among these was the destruction by Qutb-ud-din Aibak, a general of Muhammad Ghori, in 1194 CE.
In 1585, during the rule of Mughal emperor Akbar, his finance minister, Raja Todar Mal, rebuilt the temple. However, in 1669, Aurangzeb, the Mughal emperor known for his intolerance toward non-Islamic practices, destroyed the temple once more and erected the Gyanvapi Mosque on the site. Parts of the temple structure, including the original foundations and garbhagriha, are believed to have been incorporated into the mosque.
The temple was reconstructed in its current form in 1780 by Ahilyabai Holkar, the queen of Indore and a devout patron of Hindu Dharma. She purchased land adjacent to the mosque to rebuild the temple, reviving its spiritual significance.
In the 19th century, Maharaja Ranjit Singh, the Sikh ruler of Punjab, contributed to the temple by donating one ton of gold to gild its spire and dome, giving the temple its iconic golden appearance.

Krishna Janmabhoomi, Mathura is one of the most sacred pilgrimage sites for Hindus, as it is the birthplace of Shri Krishna, the eighth avatar of Bhagwan Vishnu. The Janmabhoomi site holds immense historical, cultural, and spiritual significance. Shri Krishna was born in a prison cell within the palace of King Kansa, his maternal uncle. This site is marked as the Garbhagriha (sanctum sanctorum) of the Krishna Janmabhoomi temple. Mathura is one of the Sapta Puri (seven sacred cities) in Hindu Dharma.

The first temple marking Krishna’s birthplace was likely built during the early centuries of the common era, possibly by the Kushan or Gupta rulers.
It faced its first major destruction in 1017 CE, during the invasion of Mahmud of Ghazni, who looted and destroyed temples in Mathura.
During the Mughal era, Mathura saw both revival and destruction.
In 1669 CE, Aurangzeb demolished the Krishna Janmabhoomi temple and built the Shahi Idgah Mosque on its site.
In 1944, the Krishna Janmasthan Seva Sangh purchased land around the site, including areas where the Shahi Idgah Mosque stands today.
The modern Krishna Janmabhoomi temple complex was rebuilt in stages, preserving the sacred Garbhagriha.
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