Archaeology for the courtroom: the Ayodhya Case and the fashioning of a hybrid episteme

Abstract

On 1 August 2002, the Allahabad High Court in India, adjudicating the Ayodhya Case, ordered archaeological excavations by the central government agency Archaeological Survey of India (ASI) at the site of the demolished mosque Babri Masjid in Uttar Pradesh. The order marked a new moment for the convergence of law and archaeology in India, with archaeological knowledge being produced on judicial demand as evidence in a civil dispute. This paper argues that this marked the emergence of a hybrid episteme of archaeology-as-legal-evidence which redefines archaeology within the framework of law. It traces these tendencies by a close reading of three documents: the judgements of the Allahabad High Court and the Supreme Court in the Ayodhya Case and an order issued by a lower court in Varanasi, Uttar Pradesh on 8 April 2021 in the GyanVapi Case. I argue that the new role that archaeology is assuming in courtrooms in India is destabilising the standing of the ASI as the authority of archaeological knowledge and the protector of the nation’s material past. It has also produced a category of assertive public that successfully demands production of archaeological knowledge towards ideological ends.