Can you have faith in the law when the law bows to faith?

The Ayodhya verdict: not as satisfactory as it seems

"Why can't the Jews find another wall to wail at?" complained King Faisal of Saudi Arabia in 1967 after Israel seized East Jerusalem from Jordan in the Six Day War. The Western "wailing" Wall, sacred to the Jews, was now in Israeli hands -- as were the adjacent holy Muslim site of the Dome of the Rock and the al-Aqsa Mosque. The status of Jerusalem has been the subject of violent conflict and drawn-out negotiation ever since.

On the surface, the ruling by the Lucknow Bench of the Allahbad High Court in India that an area in Ayodhya claimed by Hindus and Muslims must be shared by both sounds like a common sense solution, of the sort that could end the interminable dispute between Israel and Palestine over the ownership of the Temple Mount area. Ayodhya is where the 500-year-old Babri Masjid was torn down by hordes of militant Hindus in 1992, rabble-roused by leaders of the BJP who claimed that the mosque was built over the birthplace of Lord Ram and had been constructed only after a previous temple honouring him had been demolished. The destruction of the mosque and reaction to it later led to two outbursts of intercommunal violence in which 3000 people died. So an end to the wrangling over the site was to be welcomed, even if cautiously.

The Indian prime minister, Manmohan Singh, has appealed for peace following the verdict, and today's Guardian quotes the historian and journalist, MJ Akbar, as saying: "It was always thought there would be wailing and groaning on one side and triumphant gloating on the other but it is very clear that India has matured and the Indian, Muslim or Hindu, has decided that the law must take precedent over sentiment." Prime Minister Singh also referred to the law, saying that his government remained fully committed to upholding it, and that "the correct conclusion, at this stage, is that the status quo will be maintained until the cases are taken up by the Supreme Court."

So far, so reasonable. Two groups claim the same land, and neither will give way. So the law declares they will have to share it. Couldn't this judicial fair-mindedness be an example for settling other competing claims by religious groups? This morning's edition of the Hindu, however, makes a strong and persuasive argument that it is the law itself that is at fault here, and gravely so; and that "the legal, social and political repercussions of the judgement are likely to be extremely damaging". The court, it says:

"Has made judicial history by deciding a long pending legal dispute over a piece of property in Ayodhya on the basis of an unverified and unsubstantiated reference to the 'faith and belief of Hindus.' The irony is that in doing so, the court has inadvertently provided a shot in the arm for a political movement that cited the very same 'faith' and 'belief' to justify its open defiance of the law and the Indian Constitution. That defiance reached its apogee in 1992, when a 500-year-old mosque which stood at the disputed site was destroyed. The legal and political system in India stood silent witness to that crime of trespass, vandalism and expropriation. Eighteen years later, the country has compounded that sin by legitimising the 'faith' and 'belief' of those who took the law into their own hands.

It continues:

"Leaving aside the question of who 'the Hindus' referred to by the court really are and how their actual faith and belief was ascertained and measured, it is odd that a court of law should give such weight to theological considerations and constructs rather than legal reasoning and facts.... The 'faith and belief' that the court speaks about today acquired salience only after the Vishwa Hindu Parishad and the Bharatiya Janata Party launched a political campaign in the 1980s to 'liberate' the 'janmasthan.' [birthplace]

Collectives in India have faith in all sorts of things but 'faith' cannot become the arbiter of what is right and wrong in law."

This is not the same as arguments over the "sanctity of life" that stem from religiously-inspired conscience. This is about ownership of a piece of land, the Hindu claim to which was disgracefully exploited by narrow, partisan politicians for electoral gain nearly 20 years ago. It worked then. This judgement provides encouragement for those who might wish to try similar tactics, perhaps not now, but in the future.

The Hindu newspaper concludes that the court's "reasoning is flawed and even dangerous." Much as the solution initially seems pragmatic and fair, it's hard to disagree.

Sholto Byrnes is a Contributing Editor to the New Statesman
Photo: Getty
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Why Chris Grayling is Jeremy Corbyn's secret weapon

The housing crisis is Labour's best asset - and Chris Grayling is making it worse. 

It feels like the classic Conservative story: wait until the election is over, then cancel spending in areas that have the temerity to vote Labour. The electrification of rail routes from Cardiff to Swansea – scrapped. So too is the electrification of the Leeds to Manchester route – and of the Midland main line.

But Crossrail 2, which runs from north to south across London and deep into the capital's outer satellites, including that of Transport Secretary Chris Grayling, will go ahead as planned.

It would be grim but effective politics if the Conservatives were pouring money into the seats they won or lost narrowly. There are 25 seats that the Conservatives can take with a swing of 1 per cent from Labour to Tory, and 30 seats that they would lose with a swing of 1 per cent from Tory to Labour.

It wouldn’t be at all surprising if the Conservatives were making spending decisions with an eye on what you might call the frontline 55. But what they’re actually doing is taking money away from north-west marginal constituencies – and lavishing cash on increasingly Labour London. In doing that, they’re actually making their electoral headache worse.

How so? As I’ve written before, the biggest problem for the Conservatives in the long term is simply that not enough people are getting on the housing ladder. That is hurting them in two ways. The first is straightforward: economically-driven voters are not turning blue when they turn 30 because they are not either on or about to mount the first rungs of the housing ladder. More than half of 30-year-olds were mortgage-payers in 1992, when John Major won an unexpected Conservative majority, while under a third were in 2017, when Theresa May unexpectedly lost hers.

But it is also hurting them because culturally-driven voters are getting on the housing ladder, but by moving out of areas where Labour’s socially-concerned core vote congregates in great numbers, and into formerly safe or at least marginal Conservative seats. That effect has reached what might be its final, and for the Conservatives, deadly form in Brighton. All three of the Brighton constituencies – Hove, Brighton Kemptown and Brighton Pavilion – were Conservative-held in 1992. Now none of them are. In Pavilion they are third, and the smallest majority they have to overcome is 9,868, in Kemptown. The same effect helped reduce Amber Rudd’s majority in Hastings, also in East Sussex, to 346.

The bad news for the Conservatives is that the constituencies of Crawley, Reading, Swindon and in the longer-term, Bracknell, all look like Brightons in the making: although only Reading East fell to Labour this time, all saw swings bigger than the national average and all are seeing increasing migration by culturally-driven left-wing voters away from safe Labour seats. All are seeing what you might call “Hackneyfication”: commuters moving from inner city seats but taking their politics with them.

Add to that forced migration from inner London to seats like Iain Duncan Smith’s in Chingford – once a Conservative fortress, now a razor-thin marginal – and even before you add in the appeal of Jeremy Corbyn’s person and platform, the electoral picture for the Conservatives looks bleak.

(It should go without saying that voters are driven by both economics and culture. The binary I’ve used here is simplistic but helpful to understand the growing demographic pressures on the Conservatives.)

There is actually a solution here for the Tories. It’s both to build more housing but also to rebalance the British economy, because the housing crisis in London and the south is driven by the jobs and connectivity crisis in the rest of the United Kingdom.

Or, instead, they could have a number of measures designed to make London’s economy stride still further ahead of the rest, serviced by 5 per cent mortgages and growing numbers of commuter rail services to facilitate a growing volume of consumers from London’s satellite towns, all of which only increase the electoral pressures on their party. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.