E/CN.4/1997/91/Add.1
page 10
39.
Many of the persons with whom the Special Rapporteur spoke drew his
attention to several places of worship that had been destroyed.
40.
The Special Rapporteur was supplied with abundant information concerning
the destruction, on 6 December 1992, of Babri-Masjid at Ayodhya and realized
that this tragedy had deeply traumatized the Indian people and their various
religious communities. The background of these events and of the controversy
surrounding this religious site which is a bone of contention between Muslims,
who venerated it as a mosque, and Hindus who were trying to build a temple on
what is said to be the birthplace of the Hindu god Ram, were the subject of
several communications addressed by the Special Rapporteur to the Indian
authorities [communication of 10 November 1993 (E/CN.4/1994/79); and
communication of 5 September 1994 (E/CN.4/1995/91)].
41.
Most of the information collected during the visit to India confirmed
the responsibility of the State Government at the time and of the
ultra-nationalist Hindu Vishwa Hindu Parishad (VHP), Bajrangdal and Bharathiyo
Janata (BJP) and Rashtriya Swayamsevak Sangh (RSS) parties, whose members had
infiltrated the crowd, planned the destruction of Babri-Masjid and brought
about the death of Muslim demonstrators, the pillage of Muslim houses and
shops as well as the Bombay riots (see paras. 52-54 below), by setting the
religious stakes ever higher in order to gain political advantage among the
population.
42.
The Special Rapporteur noted the determination with which the central
authorities reacted; they had dispatched security forces which, unfortunately,
the State authorities had deliberately refrained from using; then, after
having energetically condemned the incident they had dissolved the Government
of the State on 6 October 1992 - the very day of the attack.
43.
Apart from the written replies of the authorities to the
Special Rapporteur's communications (E/CN.4/1994/79 and E/CN.4/1995/91), an
official note, updating the measures taken following the destruction of
Babri Masjid, was transmitted to clarify this extremely sensitive matter (see
annex).
44.
In the light of the information received, the Special Rapporteur notes
that the appeal concerning the ownership of this religious site is still
pending before the Supreme Court. However, it would appear that this highly
symbolic and emotionally and religiously charged question cannot be resolved
simply by the settlement of a purely property dispute. The fact that its
settlement will take time admittedly offers a breathing space, but it might
also consolidate and render irreversible a new de facto situation, since a
shaky structure used as a Hindu temple and a place of worship remains on the
ruins of Babri Masjid.
45.
According to official and non-government observers, the destruction of
Babri Masjid was an incident, an aberration, the result of the political
exploitation of religion by ultra-nationalist political parties, and cannot be
interpreted as evidence of an official policy of religious intolerance
directed against Muslims.