Ayodhya verdict: All you need to know

Ayodhya verdict quashes claim of ‘land as a legal entity’

more-in

Court says it will open flood gates for claims to land parcels

The Supreme Court junked a demand by Hindu parties to legally recognise devotees’ belief that ‘Ramjanmabhumi’ is a distinct legal personality, saying this would open the flood gates for other religious sects to adopt the arguments to claim large swathes of land across the country. Legally recognising devotees’ faith that a piece of land is a deity, and thus, a juridical person with absolute title over property would be fraught with problems, the court said.

Watch | Ayodhya verdict: Land allotted for the construction of a Ram temple
 

For one, the Constitution Bench reasoned that it would prompt sections of various religions to associate plots of land with myriad events in a deity’s human incarnation, like place of birth, wedding or where he departed for the heavenly abode, and claim that the property should be declared a legal personality.

The Bench then described the problems connected to recognising land as a legal personality. “The conferral of legal personality on corporeal property would immunise property not merely from competing title claims, but also render vast swathes of the law that are essential for courts to meaningfully adjudicate upon civil suits, such as limitation, ownership, possession and division, entirely otiose,” the court observed.

“Where does the court draw the line to assess the significance of the belief as the basis to confer juristic personality on property? In the absence of an objective criterion, the exercise will be fraught with subjectivity. Conferral of legal personality on all religious claims to land would be to the detriment of bona fide litigants outside the faith — who may not share the same beliefs and yet find their title extinguished,” it said.

 

Further, conferral of legal personality on immoveable property on the basis of faith and belief of the devotees would be fundamentally subjective and incapable of being questioned by courts. “The purpose for which juristic or legal personality is conferred cannot be evolved into a Trojan horse that permits, on the basis of religious faith and belief, the extinguishing of all competing proprietary claims over property as well stripping the property itself of the essential characteristic of immoveable property.”

Why you should pay for quality journalism - Click to know more

Related Topics National
This article is closed for comments.
Please Email the Editor

Printable version | Dec 7, 2019 1:32:47 AM | https://www.thehindu.com/news/national/verdict-quashes-claim-of-land-as-a-legal-entity/article29932610.ece

In This Package
Ayodhya verdict: Muslim Personal Law Board to file review petition
Krishna temple (left) and Shahi Idgah (right) exist side by side. Security camps were added following the demolition of Babri Masjid in 1992.
What does the Places of Worship Act protect?
Ayodhya land exempted in Places of Worship (Special Provisions) Act: Supreme Court
File photo of stone carving on pillars, slabs and bricks at Shri Ram Janam Bhumi Trust workshop in Ayodhya
Ayodhya verdict | Can court ask a secular State to construct a temple?
People react after Supreme Court's historic verdict on the Ayodhya land case, in Jaipur, on November 9, 2019.
Ayodhya verdict | Ruins don’t always indicate demolition, observes Supreme Court
Ayodhya verdict | Supreme Court not to entertain claims against actions of Mughals
Ayodhya verdict | Temple at disputed site, alternative land for mosque, rules Supreme Court
Supreme Court's judgment in Ayodhya case: reactions
Ayodhya: How a religious issue became a political hot potato
Ayodhya verdict | Supreme Court agrees Muslims were wronged but allows Ram temple
You are reading
Ayodhya verdict quashes claim of ‘land as a legal entity’
Ayodhya verdict | Addendum quotes Tulsidas, Ain-i-Akbari for birthplace proof
People react after Supreme Court's historic verdict on the Ayodhya land case, in Jaipur, on November 9, 2019.
Ayodhya verdict | Sunni Waqf Board not to seek review of judgment
Time to celebrate: Residents lit firecrackers in Ayodhya on Saturday after the Supreme Coourt delivered the verdict.
Ayodhya split on predictable lines
Ayodhya verdict | Vindicated by unanimous verdict, says L. K. Advani
Ayodhya verdict | Unimpeded right in outer courtyard wins whole site for Hindus
Ayodhya verdict | Constitution can resolve knotty issues, says Modi
When did the dispute over Ram Janmabhoomi start, and why did it take so long for a resolution?
Highlights of the Ayodhya verdict
Ramjanmabhoomi-Babri Masjid title dispute: The story so far
Ayodhya title dispute: A quick recap of the final hearings
Ayodhya verdict: decoding Allahabad HC's nine-year-old majority judgment under challenge in SC
Ayodhya verdict: as it happened | Temple at disputed site, alternative land for mosque, says Supreme Court
File photo of stone carving on pillars, slabs and bricks at Shri Ram Janam Bhumi Trust workshop in Ayodhya, for a possible temple at the disputed site.
A chronology of the Ayodhya dispute
What are the Ayodhya appeals all about?
Chronology of Ayodhya case
Timeline: Babri Masjid-Ram Janmabhoomi dispute
Next Story