The Hagia Sophia Conversion: Are Democracies Around The World Turning Majoritarian?
By Zevash Modi and Raj Shekhar
Two secular nations, two charismatic leaders, two religion-based election promises, subsequent electoral wins, and finally a negation of secularism; probably too much of a coincidence, yet the scenario describes perfectly the two great nations of India and Turkey. Though the conversion of the Hagia Sophia took place recently, the fate of this historical monument was written earlier by the Indian Apex Court’s decision in the Ayodhya Ram Mandir Case, when the Indian Apex Court set a precedent for the Turkish Authorities by negating the minority views. Of late, the democracies around the world have turned unashamedly majoritarian. Whether it be the case of India’s Ram Mandir or the very recent conversion of the status of Hagia Sophia from a museum to a mosque, the past year has been a roller-coaster ride for secularism. However, something that has not missed the eyes of people is the fact that these decisions carry an unrestrained and hegemonic majoritarian essence to them, contrary to the duty of democracies to protect the minority as well as its rights, and a sharp decline in the ‘rule of law.’
Almost 85 years ago, Kamal Ataturk, the founder of the Turkish republic, declared that Hagia Sophia would be used as a museum. He wanted Turkey to do away with its nostalgia of Ottoman Empire and wanted the country to modernize. The conversion was a deliberate act to make the Hagia Sophia a glorious symbol of the modern and secular character that Turkey was to stand for. This move was to send a message that the passions of faith alone would not inform or influence the functioning of Turkey, which now would be more ‘secular’ in its approach. The same goes for India too, and this great nation which takes pride in its Hindu History never pressed for a state religion, but rather adopted a secular character.
The concept of nationalism in Europe was very narrow and was rejected by Indians as well as Turkish, who fought against it. Instead they wanted to usher an era of civic nationalism that would draw its power from the feeling of oneness a that would foster a feeling of universal brotherhood, irrespective of whether its citizens prayed in a temple, mosque or church. However, this idea was criticized on account of being too utopian and also for denying the majority’s rights in their own homeland. In words of Pandit Jawaharlal Nehru, The major challenge was to overcome the ‘ancient palimpsest’. To deal with this tendency of living in the present with strong roots in past, the recourse was found in setting up of values of moral high ground. It was aimed at bringing peace and resolving the vital unfinished business of history, which was bringing about a feeling of oneness that India lacked, that too without denying anyone the right to justice.
Though the ideas have lasted and indeed made a mark in the political and administrative nature of India and Turkey alike, recent judgments and the accompanying incidents have shaken their foundations. India at least gave representation to the minority community, albeit superficial, whereas the Turkish authorities did not even care to account for the views of the minority Christians. Not only are such one-sided decisions a blatant injustice, but they are stark contraventions of ‘rule of law’ which states that everyone should be treated equally before the law, irrespective of their majority, minority or even religious affiliations.
The rise of the Taliban in Afghanistan has signaled very loudly as to what it was possible for majoritarian ideas to do. A peaceful country was ravaged into the flames of terrorism. This destructive majoritarian view was yet again visible when in December 1992, the Babri Masjid was demolished by Hindutva supporters, who have been termed as ‘egregious’ and ‘vandals’ by Indian Apex Court itself, while it was delivering its verdict on the Ayodhya Land Dispute Case. Though the vandal and destructive nature of the demolition act was acknowledged the decision that the Supreme Court ultimately passed in the Ayodhya case is in no terms different in its implications from the Turkish court’s Hagia Sophia order which clearly resonates the majoritarian views of a particular community in the country and sets another example as to how proper acts of law are being passed by those entrusted with interpreting the law to defeat the very purpose of law that is to administer justice and protect rights irrespective of majority or minority status. Such legislative acts force us to question time and again – Is everything legislated as per ‘procedure established by law’ always valid or do we also need the application of ‘due process of law’? Well the question still lingers unanswered, yet the present turn of global events presses us to find a solution to it soon.
Such judgments reflect what we know as ‘The New Despotism’ where the authorities are well aware of “how to employ law to defeat the rule of law.” The people who are offering Namaz at Hagia Sophia or those who are rejoicing the ‘reclaiming’ of their lost heritage consider these decisions as allowing the structures to make a justified switch back to those to whom it belongs, but the question is where does this chain of conversion terminate? How much further can we dig to ‘restore’ spaces to rightful owners and make that the centerpiece from which our ruling dispensations derive their authority? How long do we need to go back in history to find the ownership of properties and change them back to what they were? Amongst all these questions that still remain unanswered, what stands crystal clear is that the modern ‘reconquests’ of religious structures are not being affected by sultans and generals, but by the democratic ‘will of the majority.’ Such decisions have led to the sacrifice of ‘rights of minorities’ and ‘rule of law’ on the altar of ‘Majoritarian Belief.’ All these conversions and re-conversions have led to historical wounds being opened afresh, and balances of faiths being disturbed. Both these processes are undoubtedly linked, of course, and as usual, the values of liberal humanism are offering little resistance and silently observing the ‘fading pulse of secularism.’
Zevesh Modi is a student at the National University of Study and Research in Law, Ranchi.
Raj Shekhar is a student at the National University of Study and Research in Law, Ranchi.
Hagia Sophia by night is by Cristian Viarisio and is licensed under CC BY-NC-ND 2.0.
