Lessons from mediating Ayodhya

The Hindu     5th August 2020     Save    

Context: Among many learnings about the nature of public disputes is an urgent need to create a mediating platform for moderating dialogue.

Lessons to be learnt from mediating Ayodhya:

  • Mediation committee: The Supreme Court of India appointed a three-member Mediation Committee to attempt mediation in the Ayodhya Babri Masjid-Ram Janambhumi dispute pending before the Court. 
  • The settlement formula: Several parties submitted their agreement on a settlement formula so that the views of other parties could be sought under the Code of Civil Procedure or Article 142 of the Constitution of India. 
  • The Supreme Court judgment: It adverted to the terms of settlement arrived at in the mediation process. 
  • It gave the disputed land and adjoining parcels to the Hindus for building the Ram Mandir and allotted five acres elsewhere to the Muslims.
  • The Court breathed constitutional protection to the Protection of Places of Worship Act, 1991.
  • Middle ground:  Emphasis on accommodation, compromise, securing to each side what it needed most, recognising that the non-negotiables were different. 
  • In an atmosphere of respect and confidentiality, negotiators can talk freely and explore multiple options for settlement. 

Way Forward:

  • Accommodative spirit: Choosing any parcel of land to build a new mosque, and as a measure of goodwill, other mosques in Ayodhya can be repaired and renovated.
  • Creating the middle platform: If there is both targeted action and a groundswell, then it will create momentum towards the middle platform where both sides can meet to resolve public disputes. 
  • The urgent need of the hour is to create the middle platform for moderating dialogue. 
  • Legal measure: There is a need to prevail on the government to bring in a law to protect all other places of worship.