LEGAL BATTLE AND THE QUEER TURN OF THE JUDICIARY: BABRI MASJID-RAMJANAMABHUMI ISSUE
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Abstract
The communal passions of Hindu-Muslim communities, on Babri Masjid-Ramjanmabhumi matter have been raging for centuries to strike at the communal harmony of India. On 9 November 2019, the Supreme Court paved the way for the construction of Ram Temple on disputed site, where the Babri Masjid existed until 6 December 1992. In this whole crucial issue, judiciary played a rather passive role. The legal battle fought in the court in this case is a typical example of delay, harassment and dilatory tactics. The judiciary as well as government has utterly failed to solve the controversy in a positive or satisfactory way. In the initial stage of legal battle during British judiciary was forthright on this dispute. In later stage after independence judiciary has been uncleared because it wanted to maintain status quo again and again. But in last stage, judiciary has taken queer view far from the expectations of building a network of trust. It can be said after whole analysis of history of legal battle that when Hindu community was going step by step near their target like constructing chabutra, installing idols, opening the locks, demolition etc., after every step judiciary was pronouncing to maintain status quo and in the last, judiciary justified what others considered factually illegal.
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