Lawyer Dushyant Dave Accuses India’s Judiciary of Enabling Divisive Religious Politics

Adv Dave Recalls Sleepless Nights and Emotional Toll in a Media Interview
December 5, 2024

Advocate Dushyant Dave has sharply criticised the judiciary for enabling divisive politics by permitting surveys of mosques over claims that they constructed on the remains of temples from the Mughal era. In a media interview, the lawyer directly accused India’s former Chief Justice, D.Y. Chandrachud, of undermining the Constitution and contributing to rising communal tensions.

In the interview with journalist Karan Thapar, for The Wire, Dave argued that the judiciary had failed in protecting Muslim places of worship, specifically citing the Archaeological Survey of India (ASI)’s examination of the Gyanvapi mosque in Varanasi, which was permitted by the judiciary. The survey was to determine the mosque’s origins, which has been seen by many as an attempt to challenge the mosque’s legitimacy as a place of worship.

Dave, former president of the Supreme Court Bar Association, and others argue that these surveys violate the Places of Worship Act, 1991, which protects the status of places of worship as they existed on Aug. 15, 1947. The law bars any changes to the character of religious places in order to uphold secularism and prevent communal conflicts.

Dave referred to Chief Justices S.A. Bobde (in office from 2019 to 2021) and Chandrachud, who presided over benches that permitted the filing of legal suits challenging the status of several mosques, which he considered to be a dangerous precedent.

The decades-long Babri Mosque-Ram Janmabhoomi land dispute in Ayodhya – which centred on whether a temple previously existed on the site that was demolished by Babur, the founder of the Mughal dynasty in India, centuries ago – ignited widespread violence in the country following the mosque’s demolition on Dec. 6, 1992. It resulted in over 2,000 deaths. In the years since, the subsequent polarisation has led to thousands of deaths, numerous injuries, significant property damage and ongoing communal disharmony.

Dave said Chandrachud was “playing in the hands of somebody.” Thapar specifically asked whether he meant the governing Bharatiya Janata Party (BJP), to which he replied, “no doubt about it,” and added that this was evidenced by the aarti (worship) performed by the former Chief Justice in the company of the prime minister, as well as by his claim that the Ayodhya judgement was revealed to him by God.

In a recent op-ed for The Indian Express, Dave raised concerns over the consequences of such judicial interventions. He wrote that district and high court judges might entertain similar petitions, thus contributing to communal divides.

Dave also spoke about the judiciary’s alleged failure to act against divisive actions and rhetoric. He referred to “love jihad,” “land jihad” and “vote jihad” as examples of phrases that had been allowed to spread unchecked. He lamented the judiciary’s inaction in cases where lives had been lost, pointing to the deaths in the ongoing tensions in the Sambhal region of Uttar Pradesh.

Dave pointed to what he described as a systematic campaign aimed at erasing India’s Islamic heritage, mentioning proposals to survey prominent Islamic landmarks such as the Red Fort in Delhi and the Taj Mahal in Uttar Pradesh. He linked such agendas with political efforts that deepen communal divides and alienate the Muslim community.

Dave reflected on the state of communal segregation in parts of the country, particularly in Gujarat, where he said minority-dominated areas are referred to pejoratively as “Pakistan.” He questioned whether this reflected the ideals for which India’s freedom fighters had struggled, remarking that it was the responsibility of the state to ensure that those who chose to stay in India after Partition felt secure and welcomed.

Dave also commented on the use of state machinery, such as bulldozers, in actions targeting Muslim homes, saying this reflected a deliberate attempt to intimidate and marginalise the community. He warned of the long-term consequences of such targeting on India’s secular identity.

In the end, Dave said he had had sleepless nights and that the issue had taken an emotional toll on him. He broke down and called for wisdom among those in power and within the judiciary, urging a focus on addressing real societal issues like poverty, education and health.