Thursday, October 28, 2010

Ayodhya Judgment - Your Honour! What is Your IQ?

To begin with let me make this unusual comment rather hesitantly-- that I am a Hindu and I am from one of the most devoted Hindu families you can find anywhere. Now coming to the real issue-- Have you ever heard of this dispute when a Husband complained that his wife was raped by two others, the judges coming with an unusual judgment-- That the man's wedding with wife was not done in proper way, so it is better all the three men rape the women one after another one by third of the day each...

We may hear even greater judgments. We have a Prime Minister who declares that there is a lot of corruption in Common Wealth Games. But let the thieves finish their robbery first and we will examine about that at a later convenient time. Alas! This is India the birth place of many pigs, Cattle (Cattle Class?) and of course, of some Mahatmas also... Let us enjoy this life, as it unfolds with all its comedies and tragedies..

The question is how these incredible judges came to the conclusion that Rama was actually born at a particular square meters of land? And exactly there? Do they know about the archeological and other findings which show that the Present day Ayodhya in Uttar pradesh was not inhabited in the "Treta Yuga"? and it was inhabited only at relatively modern period? Haven't they heard of the findings which suggest that Indus Valley civilization was much ancient than the Rig Veda itself and that the people who wrote Rig Veda migrated to India only much later in the history.. (When Indus Valley civilisation is at least 6000 years (not 5000), Rig Veda was written at least a few thousands years after the origin of Indus Valley civiliation.. But no one calls Aryan language speaking people as foreign invaders. If the sons of soils (Indus people) are the present day Dravidians, are they going to consider others as invaders?

And no one told them about the unquestionable finding that the Rig veda has almost exactly same text of that of AVESTA -- Zoroastrian Holy text? And that is, these two texts (verses) where formed by the same people at some point in history. And they moved in two different directions and one reached India and the other went to Iran? And that the Ramayana was never written in the present day India? (India -as it is defined by British)... It was written when the migrating Aryan (not the name of a race) were actually living near Balochistan in Afghanistan bordering Pakistan... Didnt their high school going children or grand-children tell them that even by text book knowledge, Indus Valley location is mostly outside the present day Geographical location which is termed as India? Why cant they read about the findings that the story of Ramayana was taking place near the river Sarayu, which is the River Hari-Rud, in the Baluchistan Area? That means, by what ever criteria, if Lord Ram was ever born he was born not in the present day India, but in the present day Afghanistan? Why dont they think for a moment, that their own grand children will live in a much modern age and they will have more clarity about history and they will be ashamed of absurdity of grandfathers?

Do they know that When Aryan people migrated to the present day Uttar Pradesh they named the new town with their old mother land-- Ayodhya-- (and there are tens of such Ayodhyas in India).. just like people from York when they migrated to USA they named new town New York... Even according to RSS, Babar came from Gandhara which is the motherland of Mother Gandhari. And only British later decided that Afghanistan is not part of India. And all the old plans and maps of RSS shows Afghanistan as part of India.. And Babar can never be a foreign invader. He only invaded another province just like all other Maharajas were doing during those times. And do they know that Babar advised his son to respect the sentiments of other religious people, otherwise he can never be successful in governing?

And why are our TV Anchor persons keep asking this absurd question-- "This judgment will help to reach some sort of a re-conciliation?". Why can they be so insensitive about the historical lesson that you can not impose your "re-conciliation" on a section of people after humiliating them with such preposterous deliverance? The need of the hour is that all sensible people especially those who belong to the majority community should come forward and express firmly and fearlessly that judges are ultimately accountable to the people in a democratic system and we should not allow the communal elements to exploit this situation to polarize this society once again.

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Now let us try to understand the judgment. Prima facie, it appears that each judge has given his judgment based on their communal/religious view. But if we actually look into the details, it is easy to find that, only one judge has taken a narrow communal line. Justice Khan' has looked into the whole matter from a very rational perspective and tried his best to uphold the legal aspects. And he has also showed a great statesmanship. We can easily see that Justice Khan and Aggarwal were not guided by communal sentiments, to a large extend. Which are the main points all the three judges are unanimous? And on what points they are totally divided? Interestingly on the key question, all the three judges are united. And that is the only one major dispute,the court is supposed to address. Let me clarify. First of all, let us understand that, the suit is filed 60 years back,exactly because, the idols where illegally placed inside the building of the mosque. If that very act did not take place then, this very complaint would not have been filed and the Babri Masjid would not have been closed by the then govt. Though the dispute about the property was going on for several centuries (at least for argument's sake), the main case was filed only after some elements placed the idol inside the Building. And the Hindu Mahasabha, technically represents these very elements who placed the idols inside the building. And that singular act is the starting point and cause of the present legal suit. All other disputes are basically clubbed together with this core issue. so, on the main issue, all the judges have given a united judgment. Contrary to what the Hindu Mahasabha and other elements were propagating that, these idols came their by itself, because of the divine power, the court has established beyond any doubt that, those idols were placed there on 1949. And which, is loud and clear, according to any judicial parameter, that is an illegal act. So, all our three judges are unitedly saying there was an illegal act which took place and as a result of that illegal act, the very case arises. But strangely, all the three judges are also united to give the verdict that, all three parties should jointly share the property. This is nonsense. No legal court in the world can say that, the culprit has done an illegal act, but the court is deciding that is gifting the culprit. If this is approved, then we will be allowing all the culprits (not necessarily communal fanatics) to enjoy what they were trying to posses illegally. In simple terms, now onwards you and I can start raping any woman we want to. And the court will allow us to sleep with that woman to show its magnanimity. In short, in clear legal terms, the verdict is null and void. It can not stand in any legal system. If the people of this generation dont reject it, this will cause a lot of problems later and that will eventually have to be rejected by the future generation. Let there be no ambiguity about it.

Interestingly the other point on which all the three judges have united is on this point-- Even before 1949, and perhaps even before the construction of Babri Masjid, this place was worshiped by Hindus and Muslims alike. This is the most positive aspects of this judgment. And if we really interpret this observation by the three judges, this can prove a way for the permanent solution to this problem. Interestingly, all the three judges have united in giving the decree that, the main place where the idols were placed should go to Hindus. And they have decided based on the observation that, this is believed to be the birth place of Lord Ram. Obviously, that is not legally valid. Justice khan has clearly pointed out that, though Ayodhya was considered by many as Ram Janm Stan by many, the belief that he was born exactly inside the building is not really an ancient belief. In other terms, that belief or faith was cultivated by a group (apparently, who placed the idol inside the building.) If you spread a rumour that, your neighbour is taking the form of a ghost during the nights and sucking the blood of the city dwellers,you can find a few thousand people who will actually start believing that. Why do we have a judicial system? To help spread such false propaganda, or to save its citizens from such malicious designs and organized propaganda? But, wait a moment. There is no major dispute on one matter-- that all the religious people are/worshiping in this building for many centuries. And perhaps, (and perhaps-- I dont know), Muslims may very much agree to place the Idols in the same spot in the same premises--- It is very much possible. Let me explain it.

Before coming to the solution part, let us see why a large number of secular minded people are not vehemently coming against this stupid verdict. It is only because they try to console themselves thinking that all three are getting something. And no one is a clear winner in this. And they are sooo innocently believe that all evils in this country are going to be soooo generous day after tomorrow onwards. And this world is going to be a peaceful planet from the next month onwards. Hey, Lord Ram, if you want to take re-birth among the most innocent folks in the world, please come to India. Of course, the word "innocent" have many common interpretations. In short all the progressive good thinking people are welcoming this judgment only because, they think court has done some thing which it is NOT SUPPOSED TO DO. Dividing the property is not the job of the court. Are they butchers sitting in mutton shop? This is a title case. The judges are expected to dicide whose property it is. After that, they are like any other citizens, entitled to eat, sleep and go to toilet -- like any other citizen... focus on their personal matters. They are not asked to divide the property. Well, they have attempted to do it. And all of the thre- with some good intention. Oh, God, let us not fail to notice their good intention. That is a silver-lining... But our intellectuals really need to examine their skull immediately, because they are appreciating the judgment for exactly for what judges are not supposed to do. And all other matters what judges are supposed to do, these trio have miserably failed in delivering their duty. In this country, we have any number of example, people praise others for wrong reasons. An underworld don is praised because he does charity. A politician is voted to power because he is a good film actor.

Now, coming to the solution part of it-- One thing we all have to agree now-- No court in this whole world can now reverse the following things-- 1) The idols are placed there illegally. 2) This place was worshiped even for many centuries by all religious people. 3) (With some hesitation We may have to accept this point also- ) As the very building is used for worship by all religion, and due to what ever reasons, now the idols are there for some time, and because of this stupid verdict, the a Hindu worship place is very likely to be allowed at the same location--- Remind you, this is not really legal- But are we looking for solutions? If we can accept the above three points, the solution is easy-- Let me clarify this again- The dispute is about the property. Not about the worshiping. Think once again. I dont think anyone would dispute about the right of Hindus and Muslims worshiping there... Think... But no court in the whole world can say that the Hindu communal elements have illegally placed the idols inside the building, so let these criminals also take the ownership of the building. That is rubbish. And as all the three judges are unanimous, the supreme court should punish the Hindu Mahasabha leader by at least passing a comment against this illegal act. And the title should very much Go to Muslims (or waqf board). And sure another portion should be given to Hindus.. Remember, not to Hindu Mahasabha or any communal elements. But to a trust which is governed by Indian Government. And prominent Hindu religious leader should be there in the governing body.)

Now coming to the main point-- the main area where the idols are illegally placed should go to Muslims. I mean the ownership. But they should not remove the idols from there. Instead,they should build a temple, under what ever name, they want to form an organization to do that. I have seen any number of wakf property which are sublet for commercial purposes. In this country there are many examples of a particular religious worship place is owned by a person or persons belonging to other religion. The most popular example is the Dharmastala, which is the prominent Hindu temple in South Karnataka, which is not owned by a Hindu. Similarly, as far as I know it, there is a temple owned by a Christian in Kerala. So a Muslim group can own a Temple. Why construct a small temple there. Let them construct a magnificent temple there and they still own the title of the building, with an agreement that they will never remove the temple they themselves construct.

I hope the Muslim intellectuals would understand that, historically, this building is used by many religious people and they will understand that, special situations require extra ordinary solutions. Why cant they agree in Supreme Court that, they can voluntarily build a temple, but the ownership of the same can be with them all the times. If necessary, new laws need to be enacted to ensure the permanent solutions. And I hope the Property should go to Muslims. And they should voluntarily build a temple where the idols are presently placed. Shemej.V.M
(as posted on and after the Ayodhya Title case judgment was delivered by Allahabad High court)
First Published on comment section in Oct, 2010.


  1. Nice. But why the allegory of a woman being raped?? Property is one thing, the dignity of a woman is quite another.

    I request you to not belittle the female sex or downplay the enormity of sexual crime.

  2. hmmm... That criticism is from a totally unexpected angle. Well, point taken. Will be careful. Thanks for the comment.-