Allahabad High Court: Prima Facie Evidence Supports Hindu Prayers at Gyanvapi Mosque Cellar

The Allahabad High Court, in a recent ruling, observed strong prima facie evidence indicating that Hindu prayers were offered in the southern cellar of the Gyanvapi mosque from 1551 until 1993. Justice Rohit Ranjan Agarwal emphasized that the Protection of Children from Sexual Offences (POCSO) Act was not intended to criminalize consensual relationships between adolescents.

The Court, while quashing a criminal case against a 21-year-old booked for marrying a minor, stated, "The object of the POCSO Act is to protect minors from sexual abuse and not to criminalize the consensual relationship between two adolescents." It deemed the government's action in stopping Hindu prayers in 1993 illegal.

The ruling stems from a civil court case involving conflicting claims over the Gyanvapi compound's religious character. The Hindu side contends that a temple section was destroyed during Aurangzeb's reign, while the Muslim side asserts the mosque predates it. The High Court upheld the trial court's decision permitting Hindu prayers in the cellar, rejecting the Muslim side's challenge.

"The petitioner is in judicial custody and is unable to support the survivor and the child. If the criminal proceedings are allowed to continue, it would result in incarceration causing more misery and agony to the survivor and her child," noted the Court, emphasizing that stopping prayers would be against the devotees' interests.

While upholding the trial court's decision, the High Court rejected claims of conflict of interest in appointing a District Magistrate as the Court receiver. It clarified that issues regarding the suit's limitation or non-joinder of necessary parties remain undecided.

This ruling signifies the ongoing legal battle over the Gyanvapi mosque's premises, reflecting complex historical and religious dimensions.

Author: Anushka Taraniya

News Writer, MIT ADT University