AYODHYA MANDIR-MASJID DISPUTE: FROM STRIFE TO AMITY AND EMPOWERMENT

AYODHYA MANDIR-MASJID DISPUTE: FROM STRIFE TO AMITY AND EMPOWERMENT

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Hasan Jowher started this petition to HE Ram Nath Kovind (The President of the Republic of India) and

PREAMBLE

1.      This petition arises from a three-part video in Hindi-Urdu, hosted at YouTube.com by Mr M H Jowher under the title “Resolving Babri Masjid - Ram Mandir Dispute” at https://bit.ly/2AGVjUg. It is summarized in English at https://youtu.be/_34Xr_CfLho    

2.      It is indisputable that the Babri Masjid-Ram Mandir dispute has lingered on far too long and is now threatening the peace and security of the people and unity and integrity of India. While some politicians have been stoking fire, many peace-loving individuals have been pursuing a fair and enduring solution.

3.      It is recognized that this controversy has involved a number of injustices, both historic and contemporary, shedding a lot of innocent blood, and inflicting serious wound on the body and soul of India and its people. It has caused deep hurt to the sentiments of India’s Hindu majority, whose repercussions caused severe material and psychological damage to India’s largest minority that Muslims are.

4.      In order that the resolution works and is sustainable, it is necessary that it corrects the wrongs to the extent possible, is reassuring, fair and honourable to all concerned parties, is valid at law, meets universal standards of human rights, and behoves a civilized nation and the world’s largest democracy.

5.      While the resolution must lead to construction of a grand Ram Temple at the disputed site, it should compensate the Muslims with appropriate affirmative action. Besides, putting an end to this festering controversy, it should pre-empt other such potential controversies. Ideally, it should usher in Hindu-Muslim amity and facilitate focusing the true empowerment of Indian people

6.      The agreement must be legitimized not only through the stake holder’s consent, but also with the involvement of the Union Government, UP Government and the Supreme Court.

7.      This approach minimizes politics, promotes understanding and refocus national development. At the very least it should reduce communal tensions and pave the way for negotiated settlement

8.      It is in this background that we the Petitioners request the following actions:

[Continued to the Petition]

AYODHYA MANDIR-MASJID DISPUTE:
FROM STRIFE TO AMITY AND EMPOWERMENT
[Continued from the Preamble]

FIRST STAGE

9.      To bypass ambiguities of titles, claims, and counter-claims - now and in the future – and to establish a singular entity to deal with, two new trusts may be constituted, one representing the entire Muslim community, and the other the entire Hindu community. The Babri Masjid Trust [BMT] may be formed by the present title holders of the land, the AIMPLB and their two nominees acceptable to the Ram Mandir Trust [RMT]. The trustees of the RMT may include the chief Mahant of Nirmohi Akhada and Hanuman Gadhi and their nominees two acceptable to the BMT. All political and allied entities, more specifically BMAC, VHP, BJP, RSS, MIM, ShivSena, AIMPLB and Bajrang Dal must stay away from both these trusts. All major litigants, claimants and stakeholders of both communities may be persuaded to endorse their respective trust, entrust their rights to them and vest them with all authority to act on their behalf.

10.   A drafting committee of three legal luminaries be set up with a member each, nominated by each Trust, who together shall nominate the third expert. This drafting committee shall prepare all the drafts envisaged in this action plan and explained herein, and more specifically:

         i.     A MoU to be executed by the two Trusts incorporating the terms laid down in this petition in their truest spirit

         ii.     The Resolutions sought to be passed by the UP Assembly and the Lok Sabha

         iii.     The three pieces of legislation requested to be passed by the Lok Sabha or ordained by the President of India, as listed below.

11.   The two trusts may execute an MoU / Action Plan committing themselves to the scheme of resolution as envisaged herein.

12.   The legislative assembly of UP and the Lok Sabha may be pleased to adopt resolutions endorsing this scheme and committing a timeline for the performance of their obligations herein.

13.   Both the trusts may launch vigorous campaigns for educating the people of India, removing misgivings and apprehensions and for promoting communal amity

14.   The Parliament of India may be pleased to enact laws / or the President of India may be pleased to issue ordinances framing new laws, or amending provisions of the existing acts, to give effect to the following terms:

a.      END TO ALL COMMUNALISM, MOB VIOLENCE AND INCITEMENT

         i.     Incitement, abetting and perpetrating communalism to be regarded as a distinct, more serious offence than as at present. Violence, rape, murder, injury or damage to body or property on communal grounds and laying siege to or obstructing religious places of other faiths and obstructing worship, should be classified as seditious crimes, threatening India’s unity, and attract harsher penalty.

         ii.     Special mechanism to be evolved for dealing with the growing menace of mob violence. Stringent punishment to be provided for inciting, abetting and perpetrating mob violence on any ground, communal rioting, [including those relating to beef eating and inter-faith marriages], or real or perceived hurt to religious sentiments.

         iii.     Social media operators, writers, promoters, creators and forwarders of content that that is apt to promote inter-communal, inter-caste, inter-regional enmity, hatred, violence and disaffection should be included amongst the abetters of the aforesaid crimes

         iv.     Providing for immediate suspension from duty, and stringent punishment after due process, to the chiefs of police and administration of the district where any kind of mob violence takes place.

         v.     Towards eradicating this debilitating disease from body-politic of India, special courts may be provided for riot-prone regions.

b.      END TO ALL DISCRIMINATION
Constitution of a powerful, statutory Commission to ensure the following intent, using the UPA’s 2014 draft in this respect as the starting point

         i.     Non-Discrimination amongst all the citizens of India on account of race, religion, region, caste or gender.

         ii.     Equal Opportunities for all people of India with level playing field

         iii.     Laying the onus of proving innocence squarely on the accused, and simplifying complaining and trial process.

c.      AFFIRMATIVE ACTION

         i.     Acceptance and notification for implementation of the recommendations made by the Ranganath Mishra Commission, specifically providing for reservations for Muslims and other Minorities, including by delinking religion for scheduled caste status – or by creating additional quota for Muslim SCs as recommended by the Commission.

         ii.     All OBC benefits to be accorded to all backward groups in all communities, strictly on economic grounds without regard to religious, caste and regional affiliations.

SECOND STAGE

15.   Upon the passage and notification of these enactments, the disputed land may be returned to the of custody of the BMT – even if notionally.

16.   The BMT should officially Gift all of such land to the RMT through a gift deed

17.   The Govt of UP should allot 2.7-acre land to the BMT one KM away from the disputed site, in Ayodhya, for building a new Mosque - with or without using debris from demolished Babri Mosque

18.   The Govt of UP should allot any such additional land as may be deemed necessary for the Ram Temple, from out of the land it has already acquired for the purpose.

19.   Until such time as all of the foregoing actions are completed, the district and the state administrations must ensure maintenance of the status quo

20.   Both the trusts may strive to assist in the construction of each other’s places of worship to promote an environment of brotherhood and amity.

We the petitioners pray for speedy implementation of this scheme to resolve the said dispute and hope that this will hasten the harmonious march of the nation towards its deserved place in the comity of nations.

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Respectfully submitted for the action requested below, to:

1.     The Hon President of the Republic of India, New Delhi [presidentofindia@rb.nic.in]. For favour of forwarding this to the Prime Minister, the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha for their consideration and possible action

2.      The Hon Chief Justice, Supreme Court of India, New Delhi [supremecourt@nic.in] For favour of directing that this be included with the case papers and shared with the litigants in the ongoing combined petition on this dispute for their consideration.

3.       The Hon Chief Minister, Uttar Pradesh, Lucknow [cmup@nic.in] For favour of necessary action

4.      A copy each to all the litigants in the on-going petition in this dispute, at the Supreme Court of India, with an additional copy each to the principal Muslim and Hindu stake holders at Ayodhya, and to Sri Sri Ravishankar and the AIMPLB. For consideration

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