Pushpagiri and its desecrated temples

Article by @HNAluru

As it dawns now, the glee of the morning sun here is seldom accompanied by the saccharine tweets of the parrots and sparrows. The cacophony of the chirrups of the birds craves to trail the blissful hymns that used to be rendered with a precision that could match only with the movement of the Sun and Moon.

The gatekeepers assigned to an eternal duty of preserving the temple, gaze down inscrutably into the river. Nestled in the most picturesque landscape of nature, the river flows inaudibly between two temples as if it were the to reminisce the horrors it has witnessed throughout. Called Pinakini – the divine bow of Lord Shiva, it is now colloquially called Penna, a declension apparent not just in its name but also in its state of affairs.

Time as the witness, the inscriptions wail of the forgotten glory this hamlet in the southern part of Andhra Pradesh held before.

It is a small village close to the now district head-quarters of the Cuddapah district in Andhra Pradesh. The place is called Pushpagiri – A mound of flowers.

Aloof from the parochial lines of discordant beliefs in Hinduism, Pushpagiri has become a centre of intellectual theology under countless kingdoms. In its bosom of faith, it nurtured the ideology of Shaivism and all its primaeval theories with the same fervour as Vaishnavism. When the Hindu world was being torn between the mutually exclusive philosophies about the supremacy of Gods in the same Pantheon, Pushpagiri has tried to persuade the masses to traverse to the thinking of ‘transcendental theology’. The two temples, one for Lord Shiva and another for Lord Vishnu on either bank of the Pinakini river stand as a (partially) living testimony of this catholic notion.

Legend has it that to extricate his mother Vinutha from the shackles of slavery of his stepmother Kadruva, Garuda has embarked on a journey to the heavens to conquer Lord Indra and fetch the holy nectar of Ambrosia. Garuda while returning from the heavenly abode passed by the hamlet then called – Kampalle, where he unintentionally spilt a drop into a local pond formed by the river Pinakini.

The pond was thus granted divine powers of transforming back to their youth, all those that took a dip in it. Consequently, people began to throng the pond for a dip in its waters. Appalled by the prospect of all human beings becoming immortal, the Devas approached God Vishnu who instructs Garuda to cover up the pond with a rock from a nearby mountain.

The megalith Garuda placed on the pond, started floating like a flower – Pushpa in Sanskrit. To stop the pond from surfacing again, the supreme trio (God Brahma, God Vishnu and God Shiva) trampled the rock into the land. Consequently, the name Pushpagiri which in Sanskrit would mean a flowery mound.

Legends aside, Pushpagiri also has a considerable amount of veritable history around it. The Śrīśaila Khaṇda of Skanda Purāna and Rasaratnākara of Satyanātha vouch to this place where significant worship was happening and was mentioned as ‘Dakśina dwāra’ for the celebrated temple of Şrīşailam. This was attested by the inscriptions that abound the place from the time of Ikşvāku dynasty circa 2nd Century CE. From this period on, the list is long and illustrious, including Karikāla Chōla of Chōla dynasty has seemingly imparted significant importance to the site when he ruled the Pottapi nādu.

Hero-stone (Veeragallu) of one of the warriors – Chola Dynasty

In time, this piece of land has reduced to a feudatory under bigger dynasties. Nevertheless, Geography helped and Pushpagiri retained its exclusivity both spiritually and politically. The temple complex has started attracting endowments from the rulers incessantly; Somadeva of Vaidumba dynasty, Chiddana Devaraja of Pallava dynasty, Yadava Singana of Kesa dynasty, Krishna Vallabha of Rāshtrakūta dynasty, Gangaya Sāhini and Ambadeva under Kākatiya dynasty and the Musunuri Nāyaks of Vijayanagar dynasty.

While these kings left inscriptions to the next generations to commemorate their contributions, some significantly contributed with their artistic providence, Gangaya Sāhini and Ambadeva built the Trikuteswara complex as a tribute to Lord Shiva for bestowing them with three daughters.

Musunuri Nāyaks built the Chennakeshava temple which exudes splendid architecture.

While it is common for the kings to be boisterous even in their devotion, Pushpagiri stands away from the crowd. A tantric saint Aghora Shivāchārya, apparently a Shaivite saw it apt to build the gateway-tower (Gopuram) for the Vaishnavite Chennakeshava Swamy temple.

There has been a surfeit of cults around the region of Pushpagiri. Beliefs and traditions date to times immemorial starting from the most traditional Vāmāchāra to the most recent Sāmyāchāra. The temples illustrate the slow and steady progress of Hindu beliefs in this region as the kings started embellishing the temple walls with sculptures that reflect their allegiance. The oldest of these reliefs start with Lakulīşa, a form of Lord Shiva that yields the caduceus symbolising the rising flow of the Kundalini Shakti to the zenith. This clearly demonstrates the presence of the Rasa Śaiva, Veera Pasupatha and Shakteya cults belonging to Vāmāchāra tradition.

Image of Lord Lakulisa with the Caduceus

The river: Pinakini, the mighty river that is fabled to have emanated from the bow of Lord Shiva meanders through the gorges of Gandikota which is close-by and enters the domain of Pushpagiri from the West and turns briefly South and again changes to the East at Pushpagiri. In this process, four of its tributaries mingle with ‘Penna’ – Pāpāgni, Kumudvati, Valkala and Māndavya. This has seemingly enhanced the spiritual status of the place and has begotten it the coveted name “Panca Prayāga”.

Docked in the natural beauty – coupled with a vibrant economy – fuelled by the constant supply of water and resources the region flourished and if you enhance it with a centre for spiritual development, you have the best of all the worlds. People thronged to the place, kings revered and built monuments, Sages clamoured for spiritual development and it gave rise to one of the most vivacious yet dormant cultures. At its crowning moment, Pushpagiri had as many as 1116 temples dedicated to various forms of both Lord Shiva and Lord Vishnu. Some of the notable ones can be listed as below:

  1. Śrī Lakśmī Chennakeśava Swamy temple (Also called Śrī Śiva Keśava Swamy temple)
  2. Śrī Kāmākśi Vaidyanātheswara Swamy temple
  3. Śrī Santāna Malleśwara Swamy temple
  4. Śrī Trikūteshwara Swamy temple
  5. Śrī Indrānātha Swamy temple
  6. Śrī Kaśi Viśālākśi Viśwanātha Swamy temple
  7. Śrī Sākśi Malleśwara Swamy temple
  8. Śrī Agasthyeśwara Swamy temple

… and many more. There are at least 100 sanctums and abandoned Nandis that vouch to the fact that they were once revered in a temple.

Mutilated image of a saint – Possibly Buddhism beyond recognition

The story was supposed to have a happy ending until faiths that thought themselves as the most superior of all stepped in. It was a night of horrors. The carnage went on relentlessly as the statuaries were handicapped, crop fields destroyed and the mighty river seemed to stand still – forsaken. The cacophony of parrots and sparrows got muted in the tacit cries of the most revered of deities. Time itself has ostensibly cowered to transpire. But as it mustered the courage to move on, a day of destruction ensued. The river dolefully ferried the remnants of the culture once so esteemed into the Bay of Bengal. Thousands of monuments destroyed, sanctums desecrated and temples vandalised. History etched on rock and preserved in memories has been expunged in a bloody inundation of prejudice and intolerance. A new faith that challenges the very foundations of so many other moralities has taken their place.

Hero-stone (Veeragallu) of one of the warriors – Chola Dynasty

Today, the monuments stand there as a sore testament of what rivaling beliefs can do to civilization – uncared and unwanted. Most of the temples cannot even afford a proper Pūja (worship) and the river as usual flows in all serenity but sans the rhythmic chants, the cacophony of birds and morning glee of the first ray of the sun.

#ReclaimTemples

Places of Worship Act, an Unconstitutional Act

Article by Radhey Syam Rai

Any cursory glance of Indian constitution will reveal its reliance on English law and that the core remains the Government of India Act 1935 passed by the British colonial government. The judiciary in India has also been a byproduct of British colonial government, and many a times it reveals the British antecedents. An enactment is presumed to be intravires and the onus of proof lies on the person who challenges its vires. And whenever there is any doubt regarding the constitutionality of an enactment, the doubt should always go in favour of the legislature. 

In short even if the Parliament passes an highly arbitrary law which keeps itself aloof from the concept of justice, the onus will be on the person challenging its provisions to prove its wrong. In normal cases, such an act would be declared ultra vires by the Indian judiciary which has established itself as a vanguard of the Fundamental Rights. But when the Act is another tool of oppression on Hindu religion and civilisation, it requires to be seen if the judges will have the courage and conviction to declare it ultravires.

The spotlight here is on the Places of Worship Special Provisions Act, a two page legislation passed by Narasimha Rao government at the height of Ramjanmabhumi agitation. From the wordings of the Act, the idea was perhaps to nip from bud every agitation to #ReclaimTemples on the lines of the Ramjanmabhumi movement.

We look at some reasons on how this Act is ultravires of Indian constitution and why the courts will have to strike it down if they act without fear or favour.

Places of Worship Special Provisions Act is a ‘colourable piece of legislation’ as defined by the Honorable Supreme Court of India in the case of KC Gajapati Narayan Deo V State of Orissa 1954 SCR 1 wherein the Supreme Court has stated that where a legislature has limited powers because the Constitution lays down a limit on it by providing fundamental rights to the citizens, questions do arise as to whether the legislature in a particular case has or has not, in respect to the subject matter of the statute or in the method of enacting it, transgressed the limits of its constitutional powers. Such transgression may be patent, manifest or direct, but it may also be disguised, covert and indirect and it is to this latter class of cases that the expression ‘colorable legislation’ has been applied in certain judicial pronouncements.

Hindus were driven out from Kashmir by the time this Act was passed and enforced. Kashmiri Hindus left behind them many temples and other Hindu Religious Institutions. This Act washes its hands off when it comes to protection of Hindu Religious Places and Institution. Art 14 and 21 is infringed as far as this provision unreasonably discriminates against Hindus. Mala fide on the on the part of the ruling party which paddled the enactment in the Parliament is clearly apparent here. If the Advocates Act, 1961 and other enactment could be made enforceable pan India, this could have also been enforced in the similar manner.

Also the legislature knew that many temples belonging to Hindus had been desecrated, sacked and converted to Mosques by Islamic invaders at various points of time in the past. The Hindus were not able to claim back the temples which now lay in Pakistan and Bangladesh as the writ of our courts don’t run in those countries but there is definite clamor to reclaim the ones lying within the territory of the Indian Union. The blanket prohibition preventing Hindus from claiming their temples back by instituting a suit to the court and the provision to abate the ones already pending in a court is unjust and ultravires Art 32 of the Constitution as the right to manage religious affairs under Art 26 includes the right to reclaim the temples forcibly converted into mosques. The adjudication of a list is the province of law courts and a prohibition to institute suits and foreclosing the ongoing ones amount to encroachment in the realm of judiciary by the legislature, hence, ultravires on this count too.

It will only be a matter of time that this Act will be challenged in a court of law and declared ultra vires by the learned judges.

The Act is as below, please do have a read.

THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991

ACT NO. 42 OF 1991 [18th September, 1991.]

An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-second Year of the Republic of India as follows:—

S 1(2) It extends to the whole of India except the State of Jammu and Kashmir.

S 1 (3) The provisions of sections 3, 6 and 8 (S 8 Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001) shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 11th day of July, 1991.

S 2. Definitions.—In this Act, unless the context otherwise requires, — (a) “commencement of this Act” means the commencement of this Act on the 11th day of July, 1991; (b) “conversion”, with its grammatical variations, includes alteration or change of whatever nature; (c) “place of worship” means a temple, mosque, gurudwara, church, monastery or any other place of public religious worship of any religious denomination or any section thereof, by whatever name called.

S 3. Bar of conversion of places of worship.—No person shall convert any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section thereof.

S 4. Declaration as to the religious character of certain places of worship and bar of jurisdiction of courts, etc.—(1) It is hereby declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day. (2) If, on the commencement of this Act, any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on the 15th day of August, 1947, is pending before any court, tribunal or other authority, the same shall abate, and no suit, appeal or other proceeding with respect to any such matter shall lie on or after such commencement in any court, tribunal or other authority: Provided that if any suit, appeal or other proceeding, instituted or filed on the ground that conversion has taken place in the religious character of any such place after the 15th day of August, 1947, is pending on the commencement of this Act, such suit, appeal or other proceeding shall be disposed of in accordance with the provisions of sub-section (1). (3) Nothing contained in sub-section (1) and sub-section (2) shall apply to,— (a) any place of worship referred to in the said sub-sections which is an ancient and historical monument or an archaeological site or remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) or any other law for the time being in force; (b) any suit, appeal or other proceeding, with respect to any matter referred to in sub-section (2), finally decided, settled or disposed of by a court, tribunal or other authority before the commencement of this Act; (c) any dispute with respect to any such matter settled by the parties amongst themselves before such commencement; (d) any conversion of any such place effected before such commencement by acquiescence; (e) any conversion of any such place effected before such commencement which is not liable to be challenged in any court, tribunal or other authority being barred by limitation under any law for the time being in force.

S 5. Act not to apply to Ram Janma Bhumi-Babri Masjid.—Nothing contained in this Act shall apply to the place or place of worship commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya in the State of Uttar Pradesh and to any suit, appeal or other proceeding relating to the said place or place of worship.

S 6. Punishment for contravention of section 3.—(1) Whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. (2) Whoever attempts to commit any offence punishable under sub-section (1) or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence. (3) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under sub-section (1) shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 0f 1860), be punishable with the punishment provided for the offence.

S 7. Act to override other enactments.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act. 8. [Amendment of Act 43 of 1951.]—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).

#ReclaimTemples