Entrenching Communal Violence, Discrimination and Exclusion Through Structures in India 2024
Centre for Study of Society and Secularism CSSS
Entrenching Communal Violence, Discrimination and Exclusion Through Structures in India 2024
Irfan Engineer, Neha Dabhade, Mithila Raut
Introduction:
In 2024, as in previous years, communal violence has persisted in the form of structural violence, embedded within the legal and institutional framework of the state. Structural violence, as conceptualized by Johan Galtung, refers to systematic inequalities and injustices that are institutionalized within legal, political, and social structures, thereby disproportionately affecting marginalized communities. In this context, discriminatory legislation, selective implementation of existing laws, and state directives have played a crucial role in perpetuating structural violence.
The following analysis highlights two prevalent forms of structural violence: state-led demolitions of properties predominantly owned by Muslims, which serve as a mechanism of "collective punishment," and the appropriation of religious sites, particularly mosques and dargahs, under the guise of "reclaiming" these spaces. It is noteworthy that similar incidents have occurred in 2023, suggesting a continued pattern of marginalization of the Muslim community into 2024.
Demolition as a Political Tool
In the past few years, there is an emerging pattern which targets the Muslims. The properties of the Muslims are targeted by the state under the most random pretexts. Though the claim of the state behind these demolitions were cited as illegal construction of the properties or these properties being built on “encroached” land, the timings of these demolitions suggest that it is a form of “collective punishment” towards the Muslim community. The demolitions were mostly preceded by hate speeches by the authorities from the ruling regimes. In 2024 too like the previous years, the demolitions targeting Muslims continued unabated. Demolitions of properties owned by Muslims has emerged as a potent form of socio- economic marginalization of Muslims in India.
A Pattern of Targeting Muslims in BJP-Ruled States
According to the monitoring of Centre for Study of Society and Secularism (CSSS) based on the reports in the Mumbai edition of The Times of India, The Hindu, The Indian Express, Sahafat, and Inquilab, in 2024, there were 19 incidents of state-led demolitions. Uttar Pradesh recorded the highest number with five incidents, followed by Maharashtra with four. Delhi and Madhya Pradesh each reported two cases, while Assam, Chhattisgarh, Gujarat, Himachal Pradesh, Rajasthan, and Uttarakhand recorded one incident each.
Nature of Property Demolished:
According to the monitoring conducted by the Centre for the Study of Society and Secularism (CSSS), based on data gathered from five newspapers, a total of 19 incidents of demolition were recorded in 2024. Among these, six involved the complete or partial demolition of mosques. Additionally, other structures targeted in these demolitions included over 500 buildings, comprising two madrassas, numerous graves, and 45 musafir khanas (travellers’ rest houses).
In comparison, CSSS recorded 12 demolition incidents in 2023. Of these, four occurred in Delhi, three in Uttar Pradesh, two in Uttarakhand, and one each in Gujarat, Haryana, and Jammu and Kashmir. These incidents involved the demolition of 358 mazars (shrines), partial destruction of a mosque, and the demolition of over 244 other structures, including residential houses and commercial shops.
A Question of Law and Governance:
The recent spate of demolitions across multiple states in India raises critical questions about governance, due process, law and the targeting of minority communities. A detailed analysis of 19 demolition incidents reveals troubling patterns that suggest these actions are not administrative but motivated by a larger political agenda.
The demolitions occurred in 10 states, eight of which are governed by the Bharatiya Janata Party (BJP) or its coalition partners, and one each by the Indian National Congress and the Aam Aadmi Party, respectively. This pattern raises concerns about whether these actions are driven by administrative necessities or political motivations. The fact that demolitions exclusively took place in BJP-governed states signals a pattern that warrants deeper scrutiny.
Pretext of for Demolitions:
An important factor in these demolitions is their connection to preceding incidents. In cases where demolitions followed communal riots, only two instances were recorded. However, a significantly higher number of demolitions—17 cases—occurred in response to other issues. These demolitions disproportionately affect Muslim communities. These other issues included rape and murder. Kindly note, under the Indian civil or criminal law, demolition of the property is not prescribed as punished for the any of the above offences.
Uttar Pradesh has emerged as the epicenter of demolitions, recording the highest number of cases (five) among all states. The Yogi Adityanath-led BJP government has gained notoriety for its use of bulldozer politics, often justifying these demolitions under the pretext of removing illegal encroachments. However, critics argue that these actions disproportionately target Muslims, fostering an atmosphere of fear within the community. The demolitions raise serious concerns about due process, as many of the affected structures belong to Muslims, reinforcing suspicions that these actions are punitive rather than administrative, targeting the Muslim community. In several instances, families were not given prior notice or legal recourse before their homes and businesses were destroyed. Additionally, the political messaging surrounding these demolitions further fuels controversy. BJP leaders have frequently used bulldozer imagery in election campaigns, portraying demolitions as a decisive crackdown on lawbreakers—often equating them with Muslims, thereby deepening communal divisions.
Flouting of Due Process:
The information provided by the five newspapers sheds light on significant procedural lapses in the legal process prior to demolition, which undermine the fairness and adequacy of opportunities for affected individuals to present their cases. A critical procedural requirement that must be adhered to by the administration is the issuance of notices to property owners whose buildings are deemed "illegal." In accordance with article 21 of Indian Constitution, “No person shall be deprived of his life or personal liberty except according to procedure established by law”. Demolition of properties amount to destruction of livelihood and shelter. Notice not as prescribed by procedure established by relevant laws amounts to no notice at all. Thus, demolitions which have not followed due procedure including valid notice, fair hearing and mention clearly of grounds of violations are unconstitutional.
Out of 19 incidents of demolitions, alarmingly, in one incident, in Udaipur, the notice was given on the same day as the demolition, and in another incident from Assam, it was delivered after the demolition had already occurred. Notably, in four demolition cases—including the demolition of 'Akhoondji Masjid,' 'Behrul Uloom Madrasa,' Mira road in Mumbai and graves in Mehrauli, Delhi—no notice was served at all.
|
Whether notice was given before demolition |
No. of Demolition |
|
Yes |
11 |
|
No |
4 |
|
Disputed |
1 |
|
Not specified |
3 |
|
Grand Total |
19 |
|
The Timing of Notice |
|
|
How many days prior notice was given |
No. of Demolition |
|
More than 6 months prior |
2 |
|
4 months prior |
1 |
|
15 days prior |
1 |
|
8 days prior |
1 |
|
Same day |
1 |
|
After Demolition |
1 |
|
Not Specified |
7 |
|
Disputed |
1 |
|
No Notice |
4 |
|
Grand Total |
19 |
Response/ Observation of the Judiciary:
The practice of demolitions, which has increasingly become normalized rather than exceptional, has raised significant concerns, particularly due to its disproportionate impact on Muslim citizens and rule of law in India. This trend has drawn the attention of the judiciary, which, on several occasions, has expressed apprehension regarding the potential bias in these demolitions, underscoring the necessity of adhering to due process and constitutional safeguards. The judiciary has intervened in some cases where demolitions appeared to be politically motivated or targeted. In these instances, the courts have emphasized that demolitions must not be employed as punitive measures without the proper legal procedures, cautioning against selective enforcement that could be influenced by religious or political considerations.
Several judicial rulings have reinforced the need for prior notice, fair hearings, and strict adherence to municipal laws before any demolition can occur. In some cases, courts have halted demolitions, citing violations of natural justice and procedural deficiencies. Furthermore, the judiciary has directed authorities to submit reports to ensure accountability and prevent arbitrary actions. Through these interventions, the judiciary has sought to impose restrictions on the administration, attempting to curb at some places the unchecked use of demolition as a tool for “collective punishment”.
The Supreme Court on 2nd September, 2024 observed that offences committed by a criminal could not be the ground for bulldozing his house, and readied itself to lay down pan-India guidelines to stop states from resorting to ‘bulldozer justice’ as a deterrent against crimes. The apex court was hearing a PIL filed by Jamiat Ulama-i-Hind, a body of Deobandi religious clerics. For the petitioner, senior advocate Dushyant Dave sought a ban on razing of properties as he focused on the demolition of houses of alleged criminals in UP in particular. Jamiat’s stand was rebutted by the BJP state government. SC clarified it wouldn’t go into individual grievances of demolition and would ask all states to scrupulously follow the guidelines. (Mahapatra, 2024)
Observing that government authorities indulging in 'bulldozer justice' amounts to "running a bulldozer over the laws of the land", Supreme Court on 12th September, 2024 held that such actions are against the law and said involvement in crime is no ground for demolition of a property. On September 2, an SC bench had said law does not permit the destruction of the family shelters of even convicts, and agreed to frame guidelines to be followed across all states to prevent arbitrary demolitions. The practice, which was initiated by Uttar Pradesh government as a punitive measure against accused persons, is being replicated by others, including Rajasthan, Gujarat and Madhya Pradesh. On 12th September, hearing the plea of a family from Gujarat whose home the municipal authorities had threatened to bulldoze, a bench of Justices strongly disapproved of the practice. It said the entire family could not be punished by demolishing the house for the offence allegedly committed by one member. (Choudhary, 2024)
On 6th November, 2024, the Supreme Court has firmly stated that citizens' properties cannot be threatened with demolition and that "bulldozer justice" is "unacceptable". A bench emphasized that no civilized legal system recognizes justice through bulldozers, and proper legal procedures must be followed before addressing illegal constructions or encroachments. It observed that bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter, the bench said. The Constitution's Article 300A stipulates that property rights can only be curtailed through legal authority. This ruling pertains to a 2019 house demolition case in Uttar Pradesh's Maharajganj district. Finding the state's actions "high handed", the bench ordered the Uttar Pradesh government to provide Rs 25 lakh interim compensation to the petitioner whose house was demolished for road development. The November 6 judgement highlighted that allowing such unlawful state actions could lead to selective demolition of citizens' properties for unrelated reasons. (Times of India, 2024)
The Supreme Court on November 13, 2024 lashed out that States which metamorphose into judges to punish accused persons awaiting trial by driving bulldozers into their homes indulge in a naked display of “might is right” without sparing a thought for families rendering them shelter less and destitute overnight. “The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where might was right,” a Bench of Justices B.R. Gavai and K.V. Viswanathan observed (Rajagopal, 2024).
|
Demolitions in India – 2024: Detailed Overview |
|||||||||
|
Sr. No |
Date of Demolition |
State |
District |
Place |
Cause of demolition given by the state authorities |
Incident preceding demolition |
Whether notice was given before demolition |
How many days prior notice was given |
Notice mandated by Law |
|
1 |
Jan 14, 2024 |
Maharashtra |
Mumbai |
Ghatkopar-Andheri street |
Illegal structures |
The Maharashtra government demolished ‘Gulshan Ahmed Raza’ Madrasa and Masjid ‘Tahira’ in Mumbai’s Ghatkopar-Andheri area for road widening. The Masjid Committee had obtained legalization from the Mumbai Metropolitan Region Development Authority (MMRDA) during the Ghatkopar-Andheri Link Road widening project, sparking outrage and questioning the legality of the action. (Clarion India, 2024) |
Yes |
The notice was given in 2021 declaring Madrasa Gulshan Ahmad Raza and Masjid Tahira as illegal |
30 days |
|
2 |
Jan 23, 2024 |
Maharashtra |
Mumbai |
Mira Road's Naya Nagar |
Illegal structures |
17 structures all belonging to Muslims were demolished in Mira road in Mumbai on 23rd January, 2024. These demolitions came on the heels of communal riots that took place here on 21st January and 22nd January on the eve of the Pran Prathistha at Ayodhya Ram Temple. A mob consisting of Muslims vandalized vehicles with the flags reading “Jai Shri Ram”. After this groups from both communities clashed. members of some saffron groups had in retaliation targeted a couple of autorickshaws in the areas and pelted stones. Ironically, all the established demolished belonged to persons unconnected with the violence. (Nair, 2024). |
No |
Na |
30 days |
|
3 |
Jan 25, 2024 |
Chhattisgarh |
Kabirdham |
outskirts of Kawardha |
Illegal structure |
Following Ayaj Khan’s arrest for allegedly murdering a cow shelter worker in Kabirdham, Chhattisgarh, authorities demolished his allegedly illegally constructed shop on January 25, citing lack of permissions. The murder’s motive was being investigated. (Sikdar, 2024) |
Data Not Specified |
Na |
30 days |
|
4 |
Jan 30, 2024 |
Delhi |
Delhi |
Mehrauli |
Illegal structures |
The Delhi Development Authority demolished ‘Akhoondji Masjid’ and ‘Behrul Uloom Madrasa’ and graves in Sanjay Van on January 30, citing illegality. (Kuntamalla, 2024) |
No |
Na |
14 days |
|
5 |
Feb 8, 2024 |
Uttarakhand |
Haldwani |
Banbhoolpura |
Illegal structures |
In Haldwani, a madrasa and mosque were demolished on February 8 after a notice was served on January 30, citing encroachment on nazul land. Also over 250 structures were demolished in the anti-encroachment drive. Last year after more than 50,000 people, mostly Muslims, were served eviction notice alleging they were illegally living on land owned by the Indian Railways. (Mishra, Haldwani Violence: 5 dead after demolition of ‘illegal’ structures, 2024) |
Yes |
8 days prior |
14 days |
|
6 |
Feb 28, 2024 |
Delhi |
Northeast Delhi |
Khajuri Khas area |
Anti-encroachment drive |
On February 28, several houses along with Vaqeel Hasan’s, house in Khajuri Khas was demolished by the DDA for encroachment, despite his 1987 registry. Vaqeel Hasan is one of the rat hole miners, who rescued 41 workers trapped in the Silkiyara tunnel in Uttarakhand on November 2023. (Mahajan, 2024) |
Not specified |
NA |
14 days |
|
7 |
March 20, 2024 |
Maharashtra |
Mumbai |
Saki Naka |
Illegal structure |
After a parking dispute and stabbing in Saki Naka, Mumbai, Minister Mangal Prabhat Lodha instructed the BMC to demolish alleged “unauthorized portions” of Iqbal Khan’s house, leaving only the ground floor. Lodha’s instruction to the BMC followed the scuffle that broke out between Iqbal Khan (50) and Siddesh Prakhash Godpade (23), Rajesh Chettiyar (28), Tangaraj Chettiyar (58) and Laxmi Chettiyar (52), during which he allegedly stabbed the three from the Chettiyar family and their neighbour Godpade after a heated argument over parking space. (Acharya & Rajput, 2024) |
Yes |
Not Specified |
30 days |
|
8 |
June, 2024 |
Madhya Pradesh |
Mandla |
Bhainwahi area in Nainpur |
Illegal structures |
In Mandla, Madhya Pradesh, police discovered 150 cows and beef in homes linked to illegal slaughter. The houses of 11 suspects, allegedly built on government land, were demolished after the discovery. All the accused are Muslims. (The Hindu, 2024) |
Data not specified |
NA |
30 days |
|
9 |
Jun 20, 2024 |
Uttar Pradesh |
Prayagraj |
Pura Mufti |
Illegal structures |
Prayagraj Development Authority demolished gangster-politician Atiq Ahmed’s brother (late) Ashraf’s wife Zainab Fatima’s under-construction house, claiming it was built on waqf property illegally acquired with fake documents. A complaint by waqf caretaker Mabood Ahmed led to the demolition action. |
Yes |
Not Specified |
30 days |
|
10 |
July 22, 2024 |
Uttar Pradesh |
Bareilly |
Gausganj |
Illegal structures |
In Bareilly, a clash during a Muharram procession led to a death a young man named Tejwas. He was beaten up during the clash. Subsequently, the district administration demolished houses of accused individuals from the Muslim community, citing illegal construction on government land with prior notices. Officials have also marked other residential properties belonging to Babu, Hasan Ali, Kader Ali, Hanif, Haseen, and Riyasat as encroachments, and bulldozer action was expected to continue. (The Indian Express, 2024) |
Yes |
Not Specified |
30 days |
|
11 |
Aug 2, 2024 |
Uttar Pradesh |
Faizabad |
Bhadarsa |
Illegal structures |
In Faizabad, authorities demolished a bakery owned by Samajwadi Party functionary Moeed Khan after a complaint alleging that he and his employee Raju, repeatedly raped an underage girl. The bakery was allegedly built illegally on a public pond. (Arshad & Arshad , 2024) |
Yes |
No specified |
30 days |
|
12 |
Aug 17, 2024 |
Rajasthan |
Udaipur |
Khanjipeer |
Illegal structures |
In Udaipur, authorities demolished the rented house of a Class 10 student (Muslim) accused of stabbing another boy (Hindu) at school. This was followed by protests, communal tensions, and public outrage. The house was allegedly built illegally on forest land. The owner of house was a Muslim. (Mukherjee, 2024) |
Yes |
Same day |
30 days |
|
13 |
Aug 22, 2024 |
Madhya Pradesh |
Chhatarpur |
Kotwali |
People attacked police station |
The violent clash at Chhatarpur's Kotwali police station, following a protest by local leaders Shahzad Ali and Javed Ali, led to the demolition of Shahzad Ali's palatial home. Around 2.45 pm on August 21, around 100-150 Muslim community members, allegedly led by local leaders Javed Ali and Shahzad Ali, arrived at the district’s Kotwali police station to “submit a memorandum” against comments purportedly made by Maharashtra’s Mahant Ramgiri Maharaj about their faith while speaking in Ahmednagar. (Anand, 2024) |
Disputed |
Not specified |
30 days |
|
14 |
Sep 16, 2024 |
Himachal Pradesh |
Hamirpur |
Shastar area |
Illegal structures |
Protests over the new construction of a ‘mazar’ on forest land in Himachal Pradesh's Hamirpur district, sparked by social media posts, led to the Forest Department demolishing the structure to ease tensions. (The Indian Express, 2024) |
No |
NA |
15 days |
|
15 |
Sep 9, 2024 |
Assam |
Kamrup |
Kachutali village |
Eviction drive |
An eviction drive in Kachutali village, Assam, targeting Bengali Muslim residents, resumed after violence on September 9, leading to the demolition of homes of 150 families in the tribal belt. (Baruah, 2024) |
Yes |
After the demolition |
30 days |
|
16 |
Sep 28, 2024 |
Gujarat |
Somnath |
Prabhas Patan |
Illegal structures |
The Gir Somnath district administration initiated a massive anti-encroachment drive, demolishing nine religious structures and 45 musafir khanas built on government land near Somnath temple, following prior notices. (Khakhariya, 2024) |
Yes |
15 days prior |
15 days |
|
17 |
Sep 30, 2024 |
Maharashtra |
Mumbai |
Dharavi |
Illegal structures |
The BMC demolished “unauthorized portions” of the Subhani mosque in Dharavi after the mosque trustees delayed action, leading to protests and arrests for obstructing traffic and vandalizing a BMC vehicle. (Pinto, 2024) |
Yes |
Two years ago |
30 days |
|
18 |
Dec 10, 2024 |
Uttar Pradesh |
Fatehpur |
Banda-Fatehpur Road |
allegedly encroached |
The district administration demolished a portion of Noori Jama Masjid in Fatehpur for alleged “encroachment on Banda-Fatehpur Road”, despite the mosque committee seeking relief from the Allahabad High Court. (The Hindu, 2024) |
Yes |
4 months prior |
30 days |
|
19 |
Sep 30, 2024 |
Uttar Pradesh |
Farrukhabad |
Ukhra village |
Illegal structures |
Bulldozers demolished several structures on government land in Ukhra village, leading to violent retaliation by villagers who attacked two revenue officers, prompting protests from the Lekpal Sangh for action against the attackers. (NDTV, 2024) |
No |
NA |
30 days |
[1] Members of a right-wing group demolished a newly built structure inside a prestigious Dehradun school, claiming it was an unauthorized mazaar, despite the school's denial, leading to security concerns and local protests. (Tyagi, 2024)
[1] Muslim residents in Sambhal began demolishing their own homes built on encroached temple property ahead of an anti-encroachment drive, amid ongoing power theft raids and fines in minority-dominated areas. (Singh, 2024)
[1] Protests erupted in Shimla over the alleged illegal construction of a mosque in Sanjauli, with claims of unauthorized floors. A court ordered demolition, and the mosque committee began complying with the decision. (Times of India, 2024)
[1] Protests erupted in Mandi city over alleged illegal construction at a mosque on Public Work department PWD land. The mosque authorities demolished the unauthorized wall following notices from the PWD and municipal corporation. (Times of India, 2024)
|
Demolitions in India – 2023: Detailed Overview |
||||||
|
Sr. |
When |
State |
District |
Where |
What happened |
How many structures demolished |
|
1 |
February 14, 2023 (Rajagopal, 2023) |
New Delhi |
South Delhi |
Jamia Nagar |
On February 15, Delhi Development Authority (DDA) demolished 50 structures in Jamia Nagar, a predominately Muslim majority neighbourhood in New Delhi. The area was home to nearly 300 people, mostly construction workers, rickshaw pullers, and domestic labourers. Reportedly, these structures have been demolished four times in the last 26 years. The residents alleged that demolition drives are being carried out with a communal bias. |
50 structures |
|
2 |
Mar 1, 2023 (Dixit, 2023) |
Uttar Pradesh |
Prayagraj |
Chakia |
Prayagraj district administration demolished a house that was occupied by gangster Atiq Ahmed’s wife and two sons. Atiq, his wife, brothers and sons are among several others named as accused in the crime in which Umesh Pal, the main witness in BSP MLA Raju Pal murder case, and two policemen were killed in the city on February 24. The authorities alleged that the house in Chakia area belonged to one Zafar Ahmad and was constructed without a sanctioned plan. |
1 House |
|
3 |
March 20, 2023 (Dixit, 2023) |
Uttar Pradesh |
Prayagraj |
Mehdauri Uparhar |
Prayagraj Development Authority (PDA), district administration and police razed the house of Mohammad Ghulam one of the prime accused in lawyer Umesh Pal murder case, in Mehdauri Uparhar locality. The authorities alleged that this 335 sqm house was constructed on state land without sanctioning of a map from the agency concerned and the first notice to the house owner for illegal construction was served on January 30 and the demolition-cum-vacation order was passed on February 23. Ghulam's family members, however, alleged that it was their ancestral house and had nothing to do with Ghulam. They claimed that he had already sold out his portion. |
1 House |
|
4 |
March 14, 2023 (TOI, 2023) |
Uttarakhand |
Dehradun |
Vikas Nagar |
The Uttarakhand government bulldozed alleged “illegal” mazars which it accused were built by encroachment on the reserved forest land. According to the reports, the government authorities demolished 26 mazars that were illegally constructed on the government’s forest land. The authorities conducted a survey and identified around 1400 religious structures allegedly built illegally on government land. |
26 |
|
5 |
April 11, 2023 (Sharma, 2023) |
New Delhi |
Central Delhi |
Bengali Market |
The portion of a mosque in New Delhi's Bengali market was demolished by the New Delhi Municipal Council (NDMC). The General Secretary of the mosque alleged that the demolition was carried out without serving any prior notice them. The authorities demolished the walls of the main hall and rooms. This action was taken by the land and development office despite the fact that the matter in this regard is already pending for hearing in the court. According to various reports, the mosque is said to be about 250 years old. The part of the mosque which was demolished was made of concrete a few months back. |
A portion of mosque |
|
6 |
April 23, 2023 (Ahmed, 2024) |
New Delhi |
Central Delhi |
Chandni Chowk |
on April 23, 2023, two mazars (sacred tomb-shrines) near the Sunehri Bagh mosque were removed as part of an anti-encroachment drive. The imam of the mosque had approached the court to stay the demolition |
2 Mazars |
|
7 |
May 15, 2023 |
Uttarakhand |
All over state |
Not specified |
The Uttarakhand government demolished allegedly unauthorized construction of Mazars (mausoleums) and other religious structures in the state. The authorities have claimed that over 330 Mazars demolished in the past 90 days were encroachments on forest land. |
330 Mazars |
|
8 |
July 19, 2023 (Mishra, 2023) |
Gujarat |
Ujjain |
Tanki Square |
The Ujjain Municipal Corporation (UMC) demolished the ancestral house of one of the three persons accused of spitting at a religious procession. Drummers accompanied the bulldozer action. UMC officials refused to give details of the alleged irregularities found in the house that led to its demolition, and claimed that notices had been issued to the occupants well in advance. Two of the accused are minors, aged 14-15. The house that was demolished was the family of the third suspect, Adnan, who turned 18 a couple of months ago. |
1 House |
|
9 |
Aug 8, 2023 (Gupta, 2023) |
New Delhi |
South East Delhi |
Zakir Nagar |
Delhi Development Authority carried out demolitions against 40 slum dwellings as part of an anti-encroachment drive on the Yamuna floodplain near Zakir Nagar in southeast Delhi. The residents alleged that they did not receive any notice about the demolition but were shocked to find bulldozers bringing their houses down. DDA officials claimed the drive was on the orders of the National Green Tribunal. |
40 slum dwellings |
|
10 |
Aug 5, 2023 (Malpani, 2023) |
Haryana |
Nuh |
Nalhar village |
At least 60 structures, including shops and food outlets, were demolished in Nalhar village in Haryana’s Nuh district in August, as an “anti-encroachment drive” by multiple civic and government authorities, in the wake of July 31 communal violence. |
60 structures |
|
11 |
Aug 10, 2023 (TOI, 2023) |
Uttar Pradesh |
Mathura |
Nai Basti area |
In Nai Basti of Mathura, Uttar Pradesh, over 90 houses were demolished by authorities alleging that the buildings had encroached upon public land. The demolished houses were situated merely 600 metres from the spot claimed to be the Hindu god Krishna’s birthplace. Nai Basti is a predominantly Muslim neighbourhood. |
90 houses |
|
12 |
October 9,2023 (TOI, 2023) |
Jammu Kashmir |
Pulwama |
Chewa Kalan |
Authorities demolished a building of a religious seminary allegedly constructed on government land in Pulwama district of Jammu and Kashmir, a year after two militants were killed there in a gunfight with security forces. |
A religious Seminary |
Part III
Reclaiming Places of Worship and State Action
A prominent and increasingly concerning form of structural violence against the Muslim community in India is the reclamation of their places of worship, with claims that these sites were originally Hindu temples or locations of significance within Hindu mythology. The contestation over religious sites is not a novel phenomenon in India; rather, it has a historical precedent marked by conflicts over sacred places. A notable example of this is the Ayodhya Ram Mandir dispute, which, although it culminated in a Supreme Court ruling that ended the legal battle, remains emblematic of the broader issues surrounding religious site disputes. However, in recent years, a more aggressive stance has emerged, from Hindu right-wing groups, which have increasingly asserted that numerous Muslim places of worship were originally Hindu temples. These groups have been filing legal petitions for archaeological surveys of such sites to uncover "evidence" of former temples beneath the existing religious structures.
The judiciary have, in some instances, ordered such surveys with the Archaeological Survey of India (ASI). Simultaneously, the judiciary has issued orders for the demolition of certain madrassas and mosques, further intensifying the sense of contested religious spaces. These developments reflect a broader pattern of religious contestation and the changing nature of sacred spaces in India.
According to data monitored by the Centre for Social Studies and Society (CSSS) from the Mumbai editions of five prominent newspapers—Times of India, Indian Express, The Hindu, Shahafat, and Inquilab—a total of twelve sites of Muslim worship were under contestation in 2024. These sites, primarily mosques and dargahs, have been claimed by right-wing groups to be former Hindu temples. Of these twelve sites, seven are located in Uttar Pradesh, while one each is situated in Maharashtra, Himachal Pradesh, Rajasthan, Delhi, and Madhya Pradesh. In six of these cases, parts of the mosques or dargahs have already been demolished. In the remaining cases, the judiciary has either ordered archaeological surveys or permitted the opening of these sites for Hindu worship, thereby altering the religious character of the places in question.
These ongoing disputes are likely to escalate further, particularly given the challenges currently being mounted against the Places of Worship (Special Provisions) Act of 1991. This legislation was introduced with the intention of preserving the character and identity of religious sites as they existed at the time of India's independence in 1947. The Act prohibits the conversion or alteration of the character of any place of worship and bars courts from entertaining disputes regarding the status of such places, with a notable exception being the Babri Masjid case, which was specifically excluded from the Act’s provisions. However, multiple petitions have been filed challenging the constitutionality of this Act, effectively opening a Pandora's box of further claims by the right-wing, which has fueled increased communal tensions and unrest in the country.
Moreover, the contestation of religious sites, particularly the demolition of mosques and the alteration of places of Muslim worship, signifies a significant obstruction to the practice of freedom of religion or belief for the Muslim community in India. These developments raise serious concerns about the erosion of constitutional safeguards and the growing political and social marginalization of religious minorities. As such, these disputes not only challenge the legal framework established to protect religious sites but also exacerbate the ongoing communal divides within Indian society.
|
State Action over reclaiming of religious places in India in 2024 |
||
|
Sr. No. |
State |
Incidents |
|
1 |
Maharashtra |
In January 2024, a three decades old madrasa and a mosque were demolished by the Maharashtra’s government in Mumbai citing the need for road widening. The operation against Gulshan Ahmed Raza Madrasa and Masjid Tahira located in Mumbai’s Ghat Kopar-Andheri street was carried out amid strict police arrangements. This is the second instance in the city of early morning action against religious structures. The incident echoes a similar occurrence on December 28, when a shrine near Gandhi Maidan in Kurla (West) was demolished in the early hours, citing illegality. Mansoor Sheikh, trustee of the masjid and madrasa near Sarode Hospital, stressed that the masjid committee had obtained legalisation from the Mumbai Metropolitan Region Development Authority (MMRDA) during the Ghatkopar-Andheri Link Road widening project. The demolition has sparked outrage among the local Muslim community, questioning the legality of the action. (Clarion India, 2024) |
|
2 |
Delhi |
On January 30, the Delhi Development Authority (DDA) razed the Akhoondji mosque and a madrasa, describing them as “illegal structures” in Sanjay Van, a reserved forest area (Kuntamalla, 2024). Ironically, the Mosque was built in Mehrauli centuries back and there are records of it being repaired in 1270. |
|
3 |
Himachal Pradesh |
In Mandi town of Himachal Pradesh, the municipal corporation has claimed that a portion of a mosque is illegally built. There was a protest in the town by a mob demanding that the portion of the mosque which is illegal should be demolished. Police used water cannons on Friday September 13, 2024 to disperse protesters demanding the demolition of a portion of a mosque built on encroached government land in Himachal Pradesh’s Mandi town. Eight FIRs were registered after six police personnel, including a woman official, were injured. In Mandi, the mosque management committee were served a notice by the local municipal corporation to remove the encroachment within 30 days. According to the notice, the mosque stands on 232 square metres of land, while the approval granted was just for 45 square metres. Raising slogans of Jai Shree Ram, the protesters initially held a march in the Mandi market area and sat on a dharna at Seri manch. (The Hindu, 2024) |
|
4 |
Madhya Pradesh |
After the High Court in Madhya Pradesh had directed the ASI to carry out a survey at the Bhojshala Temple-Kamal Maula Mosque Complex, the ASI carried out its scientific survey. The report has claimed that the existing structure at the Bhojshala complex in Madhya Pradesh’s Dhar district was constructed using remains of a temple that existed earlier at the site (Mishra & Malpani, 2024). The plaintiff claims that Bhojshala, an 11th-century monument, was a temple of Vagdevi (Goddess Saraswati), while the Muslims state that it is Kamal Maula mosque. For the last 21 years, Hindus are allowed to worship in the Bhojshala on Tuesdays, while Muslims are allowed to offer namaz at the place on Fridays. |
|
5 |
Uttar Pradesh |
A court in Baghpat, Uttar Pradesh, ordered the demolition of a 60-year-old mosque that was allegedly "constructed on encroached pond land" in the Baraut area. It also imposed a Rs 4.2 lakh fine on the mosque's trustee. The order came after a directive from the Allahabad high court mandating resolution of the matter within a 90-day period. (Chaudhary, 2024) |
|
6 |
Uttar Pradesh |
A district court in Lucknow rejected on 28 Feb, 2024 a revision petition filed by the Muslim side against a civil judge order whereby he had decided, on Sep 6, 2023, to hear civil suit in Teele Wali Masjid case after rejecting plea that the suit cannot be heard on grounds of non-maintainability. The civil suit was filed in 2013, contending that during Mughal emperor Aurangzeb's reign, a Hindu religious structure, Laxman Teela, was demolished to make way for Teele Wali mosque, and, therefore, the original Hindu religious structure must be restored at the site. In his order, additional district judge said plea in the civil suit was based on a mixed question of law and facts and hence could not be dismissed summarily without recording evidence only on objection of Muslim side that the suit was time-barred under provisions of the Places of Worship Act, 1991. ADJ observed that there was no illegality in the order of Sept 6, 2023 in entertaining the suit on merit. Plaintiff that said the suit was not maintainable not only under the Places of Worship Act, 1991, but was also barred by provisions of Waqf Act, 1995. The civil judge had rejected the Muslim side's objection, leading to a revision plea before ADJ. (TOI, 2024) |
|
7 |
Uttar Pradesh |
Allahabad high court on 1st August, 2024 upheld the maintainability of a bunch of suits seeking "removal" of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura. The petitions claim that the Aurangazeb-era mosque was built after the demolition of a temple that marked the spot where Lord Krishna was born. (Pandey R. , 2024) |
|
8 |
Uttar Pradesh |
16th century mosque of the Mughal era, the Jama Masjid in Sambhal, Uttar Pradesh is claimed to be a temple. Following a petition filed in the court of the civil judge at Sambhal, a survey was carried out on Nov 19, 2024 evening in the presence of the local police and members of the mosque’s management committee. The court directed survey was carried out without hours of the directive under the supervision of the District Magistrate and the Superintendent of Police. The survey was protested by locals. The police resorted to firing in response and killed five individuals (Salam, 2024) |
|
9 |
Uttar Pradesh |
A plea was filed by a right-wing organisation, Swaraj Vahini Association, that claimed that the Atala mosque in Jaunpur, UP, was originally a temple of Goddess ‘Atala’. The plea said this temple was demolished during the latter half of the 13th century, after Feroz Tughlaq invaded India. The plea said followers of the Sanatan religion had the right to worship therein. It sought an Amin survey of the disputed property so that its real character could be found. However, keeping in with the Supreme Court’s interim order that barred the registration of fresh suits against the Places of Worship Act and stopped the lower courts to pass any interim or final order pertaining to surveys of any place of worship, Civil Judge (JD) City Jaunpur, Sudha Sharma refused to pass any orders on the plea (The Hindu, 2024). |
|
10 |
Uttar Pradesh |
A portion of an around 180-year-old mosque in Uttar Pradesh’s Fatehpur was demolished on 10th December, 2024 as it was allegedly encroaching upon the Banda-Fatehpur Road in the city. While the district administration said that a notice had been served to the Noori Jama Masjid to remove the encroached structure, the development came at a time when the mosque committee had approached the Allahabad High Court seeking relief. The Public Works Department (PWD) had issued notices to 139 people, including shopkeepers, house owners and the mosque committee, in August to remove the structures built by encroaching upon the road. The PWD had reportedly sought to remove the encroachments to begin work for strengthening the road and constructing drains. (The Hindu, 2024) |
|
11 |
Uttar Pradesh |
A century-old Peer Baba Mazar Sufi mazar on Kandhla Road in Muzaffarnagar was demolished on December 23rd 2024. The shrine, considered a symbol of Hindu-Muslim unity and the locals alleged that the act was carried out to clear the land to build a petrol pump on the site. Allegedly, the landowner, Gulzaruddin, along with Ameer Zia, Aman Ahmed, and 15–20 associates, demolished the shrine. The site, located near a vegetable market, was reportedly targeted to obtain a no-objection certificate (NOC) for establishing the petrol pump. A FIR was filed under relevant BNS sections of the law, including section 298 (defiling a place of worship with intent to insult the religion of any class (Dilshad, 2024). |
|
12 |
Rajasthan |
On Nov 27, 2024, Rajasthan court’s issued notice regarding a lawsuit over the Khwaja Moinuddin Chishti shrine claiming the famous it was originally a Shiva temple. The petition, filed in September, 2024 in a local Ajmer court, seeks directions to begin worship at the Ajmer Shrine as a Shiva temple. The plaintiff, claimed that a Shiva temple existed at the site before the Sufi shrine was built and that it should be declared a Hindu place of worship. He has demanded for a survey of the site by the ASI and the cancellation of any official registration of the dargah. (The Economic times, 2024) |
References:
Chaudhary, K. (2024, November 8). UP court orders demolition of 60-year-old mosque for ‘encroaching on pond’. Retrieved March 10, 2025, from TOI: https://timesofindia.indiatimes.com/city/meerut/uttar-pradesh-court-orders-demolition-of-60-year-old-mosque-for-pond-encroachment/articleshow/115059714.cms
Clarion India. (2024, January 14). Madrasa, Mosque Demolished in Mumbai for ‘Road Widening’. Retrieved March 10, 2025, from clarionindia: https://clarionindia.net/madrasa-mosque-demolished-in-mumbai-for-road-widening/
Dilshad, M. (2024, Dec 24). Century-old mazar demolished ‘to build petrol pump’ in Muzaffarnagar. Retrieved March 10, 2025, from TOI: https://timesofindia.indiatimes.com/city/agra/century-old-mazar-demolished-to-build-petrol-pump-in-muzaffarnagar/articleshow/116637831.cms
Kuntamalla, V. (2024, February 5). Calling it illegal, DDA demolished mosque in Mehrauli; ASI records listed it a century ago. Retrieved March 10, 2025, from Indian Express: https://indianexpress.com/article/cities/delhi/calling-it-illegal-dda-demolished-mosque-in-mehrauli-asi-records-listed-it-a-century-ago-9144295/
Mander, H. (2024, August 4). Scroll.in. Retrieved from Scroll.in: https://scroll.in/article/1071248/harsh-mander-boycott-calls-for-ethnic-cleansing-from-nazi-germany-to-modis-india
Mishra, I., & Malpani, M. (2024, July 16). The Hindu. Retrieved from The Hindu: https://www.thehindu.com/news/national/madhya-pradesh/existing-structure-at-bhojshala-complex-in-mp-built-from-temple-remains-says-asi-survey/article68406802.ece
Nair, S. (2024, January 24). Times of India. Retrieved from Times of India: https://timesofindia.indiatimes.com/city/mumbai/demolition-drive-in-mira-road-bulldozers-clear-illegal-structures-after-clashes/articleshow/107093637.cms
Pandey, R. (2024, August 2). 'It can’t have a dual character ... ': What Allahabad HC said on Mathura Eidgah case. Retrieved March 10, 2025, from TOI: https://timesofindia.indiatimes.com/city/allahabad/allahabad-hc-cites-gyanvapi-case-says-hindu-sides-suits-maintainable-on-mathura/articleshow/112205498.cms
Pandey, R. K. (2024, December 8). Allahabad HC seeks Hindu side reply on plea in Atala mosque case. Retrieved March 10, 2025, from TOI: https://timesofindia.indiatimes.com/city/allahabad/allahabad-hc-seeks-hindu-side-reply-on-plea-in-atala-mosque-case/articleshow/116097468.cms
Salam, Z. U. (2024, November 20). Court-ordered survey carried out after Jama Masjid in U.P.’s Sambhal is claimed to be a temple. Retrieved March 10, 2025, from The Hindu: https://www.thehindu.com/news/national/uttar-pradesh/court-ordered-survey-carried-out-after-jama-masjid-in-ups-sambhal-is-claimed-to-be-a-temple/article68890837.ece
The Economic times. (2024, November 29). Shiva Temple under Ajmer Sharif Dargah? Here is all about the latest controversy. Retrieved March 10, 2025, from The Economics Times: https://economictimes.indiatimes.com/news/india/shiva-temple-under-ajmer-sharif-dargah-here-is-all-about-the-latest-controversy-about-another-shrine/articleshow/115792733.cms?from=mdr
The Hindu. (2024, April 23). Bhojshala-Kamal Maula complex | ASI seeks 8 weeks to complete survey of disputed monument. Retrieved March 3, 2025, from The Hindu: https://www.thehindu.com/news/national/madhya-pradesh/asi-seeks-8-more-weeks-to-complete-scientific-survey-of-disputed-monument-bhojshala-in-mp/article68097389.ece
The Hindu. (2024, December 11). Portion of 185-year-old Noori Masjid in U.P.’s Fatehpur demolished citing encroachment. Retrieved March 10, 2025, from The Hindu: https://www.thehindu.com/news/national/uttar-pradesh/portion-of-185-year-old-noori-masjid-in-ups-fatehpur-demolished-for-encroachment/article68969715.ece
The Hindu. (2024, September 13). Protests in Mandi over illegal construction in mosque, police use water cannons. Retrieved March 10, 2025, from https://www.thehindu.com/news/national/protests-in-mandi-over-illegal-construction-in-mosque-police-use-water-cannons/article68638100.ece
TOI. (2024, February 29). UP: Jolt to Muslim side in Teele Wali Masjid case. Retrieved March 3, 2025, from TOI: https://timesofindia.indiatimes.com/city/lucknow/jolt-to-muslim-side-in-teele-wali-masjid-case/articleshow/108087452.cms#:~:text=LUCKNOW%3A%20A%20district%20court%20in,on%20grounds%20of%20non%2Dmaintainability.
Arnimesh, S. (2024, February 23). The Print. Retrieved from The Print: https://theprint.in/politics/60-day-notice-dm-verification-jail-threat-in-chhattisgarh-conversion-bill-but-not-for-ghar-wapsi/1975167/?clientId=663c631856e840159e994170&mobileView=false
Mishra, I. (2024, February 25). The Hindu. Retrieved from The Hindu: https://www.thehindu.com/news/national/other-states/uttarakhand-to-table-public-and-private-property-damage-recovery-bill-in-budget-session/article67884712.ece
The Hindu. (2024, February 21). Retrieved from The Hindu: https://www.thehindu.com/news/national/other-states/assam-government-tables-bill-against-magic-healing/article67870493.ece
The Times of India. (2024, February 16). Retrieved from The Times of India: https://timesofindia.indiatimes.com/city/raipur/chhattisgarh-to-bring-in-law-to-stop-illegal-conversions/articleshow/107734059.cms
Mander, H. (2024, August 4). Scroll.in. Retrieved from Scroll.in: https://scroll.in/article/1071248/harsh-mander-boycott-calls-for-ethnic-cleansing-from-nazi-germany-to-modis-india
Nair, S. (2024, January 24). Times of India. Retrieved from Times of India: https://timesofindia.indiatimes.com/city/mumbai/demolition-drive-in-mira-road-bulldozers-clear-illegal-structures-after-clashes/articleshow/107093637.cms