Student at Amity University Kolkata, India
The secular fabric of the quasi federal statehood of India as enshrined and protected by the Constitution, has woven cultures, linguistic diversities and religious differences into one common shared united identity. However the utopian concept of unity in diversity as found in writings and speeches seem to hold little relevance when issues concerning religious fundamentalism and dogmatism get flared up by communal flames and the so cherished unity gets a backstage. The Court, as the room of legal adjudication and as the resort for a obligatory decision is reckoned for and the due process of law is thereby set in motion. What remains a mystical proposition is that how a technical verdict from the merits of a said dispute serves to solve it, either with the satisfaction of one party overpowering on the other, or with a general satisfaction and compromise slowly resolving the ‘lis’ in question. However, pragmatically evaluating, this is not the case always, as a verdict cannot satisfy the emotional claims that adverse parties contest while fighting a case in a court of law.Evidence is indeed one parameter, an altar of impartial discretion on which claims come to be tested and justified, and hence Indian Evidence Act,1872 is ‘ lex fori.’ With the procedural obligations unfurling in each case, evidence paves the way for adjudication, finally culminating in disposal of justice with a decision. Over the years and tracing the long path of jurisprudence, dynamic shifts have been observed in the application of Evidence Law itself. One such point that remains in the crux of our research paper is the rule of Expert Evidence, as enshrined under Section 45 of the Act. At this note, the researcher shall progress with the intricacies of the paper thereof. Having cited a background of secularism in India as a constitutionally enshrined principle, our research paper quite ironically has chosen the case of Ram Mandir or Babri Masjid or Ayodhya Land Dispute, stretching across centuries and obliterating the national integrity and brotherhood at the same time fanning communal flames in the country.
International Journal of Legal Science and Innovation, Volume 3, Issue 4, Page 1107 - 1122DOI: https://doij.org/10.10000/IJLSI.11970
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