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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Mark Sampson's exit leaves the FA still trying to convince itself of its own infallibility

Football's governing body won't be able to repair the damage to its reputation in silence.

By the end, it appeared as if Mark Sampson was weathering the storm.

Despite personal reflections that the uproar and scandal that has surrounded his recent tenure as England women's football manger was taking a toll, he seemed, as of Tuesday night, firmly ensconced in the post he had held since 2013.

Player Eniola Aluko’s claims of bullying and racism against the coach – given little backing from teammates and, on balance, disregarded by consecutive enquiries – remained a persistent story, yet talk of a fresh investigation were trumped in importance by Sampson’s continued presence at training and in the dugout.

The BBC’s occasionally rabid attachment to proceedings gave the saga prolonged oxygen, but when Sampson seemed to retain the FA’s support – taking charge of the Lionesses’ 6-0 win over Russia on Tuesday night – the worst appeared to be over.

With hindsight, the vultures were simply sharpening their talons.

Sampson’s sacking – less than 24 hours after that Russia game – came after a report was unearthed detailing a historic complaint against him from his time coaching Bristol Academy – a job he left to take up the England post.

In what has long become customary, the FA received these claims nearly four years ago yet failed to act definitively – initially concluding that their new coach was “not a safeguarding risk”. However as the recent crisis depended, the full details of these initial accusations were allegedly not revealed to senior leadership.

Confirming Sampson's departure on Wednesday, FA chief executive Martin Glenn carried a pained expression reminiscent of former incumbent Mark Palios, who, in another entry in the annals of great FA crises, resigned in 2004 as a result of an affair with FA secretary Faria Alam.

Glenn will hope that his own head is not sought in the weeks ahead as his conduct throughout the Sampson saga is probed.

It also marks yet another turbulent 12 months for the beleaguered governing body, who almost exactly a year ago to the day, parted company with England men’s coach Sam Allardyce after just a single game in charge – the former Bolton and Sunderland coach getting the bullet as a result of transfer advice offered to undercover journalists.

The Allardyce departure was handled with uncharacteristic efficiency – a symptom, perhaps, of the initial scepticism behind his appointment rather than any particular reflection on his crimes.

With clear-eyed judgement, it is difficult not to have a portion of sympathy for Sampson – who, cleared by those investigations, maintained the very visible backing of his squad – right up until Wednesday’s bitter denouement.

That he’s been paid in full for the three-year contract signed last summer speaks for how soft a line the FA took on the events that forced the sacking – hoping, perhaps, for as quiet an ending as possible for both parties.

Regrettably, for the FA at least, considerable damage to their reputation will not be something they can repair in silence – not in an era where women’s football enjoys such a high profile in the national consciousness and the body continues to mark itself an easy target for criticism. 

The exact contents of those 2014 allegations and that report are sure to be known down the line – non-disclosure agreements willing – but are as of now only conjecture and innuendo.

Without details, it’s difficult to know how hard to judge Sampson. The facts of his performance on the pitch mark him out as having been an accomplished coach. That is no longer the exclusive measure of success.

Detractors will murmur darkly about there being no smoke without fire, while his supporters will point to the unique nature of the job and the often confrontational elements of its duties.

Sampson, at 34, is still a relatively young man and may be able to coach again once the rancour has subsided – although with a reputation severely bloodied, will look on the two-year salary windfall with some gratitude.

Despite Glenn’s insistence that his former manager is “clear to work” in the sport, it’s hard to envisage his career ever resuming in the women’s game.

The FA itself is again left rudderless as it tries to convince itself of its own infallibility. Flabby management structures and the perception of being an antiquated country club – valid or not – will be revisited with relish.

Perhaps positively, it could herald a more honest conversation behind what success looks like for the national game as a whole. Inclusiveness and development of a robust culture are often the first words to disappear from the vocabulary once on field results start to falter.  

For once, the identity of the next coach is not the urgent dilemma facing the FA.

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