‘Order’-ing Excavations: Constitution of Archaeology as Legal Evidence in the Ayodhya Case

Abstract

This paper examines the case of the court-ordered excavations at Ayodhya to understand the process by which archaeological evidence as expert opinion was reconfigured into judicial evidence in a civil lawsuit. Being an exceptional site of enquiry where two institutions of the Indian state — the High Court of Allahabad and the Archaeological Survey of India — come together, the Ayodhya case allows us to complicate the uses and abuses of archaeology. An examination of the orders and documents related to the excavations and the judgment made by the Allahabad High Court shows the production of archaeological knowledge at Ayodhya as highly mediated. The paper argues that this process is determined by the notions shared by both the institutions about archaeology-as-science and about scientific/archaeological expertise, regulated at each stage through judicial interventions and informed by the role that the Archaeological Survey of India and the archaeology profession has played in the production of a nationalist past in India. The employment of archaeology as legal evidence in the Ayodhya case is contingent upon the masking of these mediating roles.