Hindu Outfit Moves SC on Places of Worship Act: A Legal Battle for Religious Rights

Hindu Outfit Moves SC on Places of Worship Act: A Legal Battle for Religious Rights

Introduction to the Plea

The Akhil Bhartiya Sant Samiti, a Hindu organization, has approached the Supreme Court, seeking to intervene in cases challenging the validity of the Places of Worship (Special Provisions) Act, 1991. This legislation maintains the religious character of places of worship as they stood on August 15, 1947, preventing alterations or disputes about their status.

The Samiti's plea argues that Sections 3 and 4 of the Act infringe on fundamental rights, including the right to equality and the freedom to practice religion.

Key Provisions of the Act in Question

• Section 3: Prohibits converting any place of worship from one religious denomination to another.
• Section 4: Bars filing legal suits or initiating proceedings to alter the religious character of any place of worship as it existed on August 15, 1947.

The Act aims to ensure communal harmony by freezing the religious status of places of worship.

Arguments Challenging the Act

The Hindu petitioners argue that:

1. Violation of Fundamental Rights: The Act restricts Hindus, Jains, Buddhists, and Sikhs from restoring their sacred sites destroyed during invasions.
2. Judicial Review Barred: The law prevents courts from reviewing disputes, undermining the Constitution's basic structure.
3. Selective Application: While the birthplace of Lord Rama is excluded from the Act, the birthplace of Lord Krishna is not, despite both being incarnations of Lord Vishnu.

These petitions also claim that the Act contradicts the principles of secularism and rule of law as enshrined in the Constitution's Preamble.

Intervention by Muslim Organizations

Prominent Muslim organizations, including the Jamiat Ulama-i-Hind, the India Muslim Personal Law Board, and mosque management committees, have filed applications opposing the Hindu petitioners' challenges.

They argue that entertaining these petitions will open a floodgate of litigations against mosques across India, potentially destabilizing communal harmony.

Supreme Court's Interim Directives

In December 2023, the Supreme Court issued a directive:

1. Restraining Lower Courts: No court can pass effective orders, including surveys or new lawsuits, regarding religious structures until the apex court resolves the ongoing cases.
2. Stay on Existing Lawsuits: Proceedings in approximately 18 cases have been stayed.
3. Government's Position Sought: The Centre has been granted four weeks to clarify its stance on the Act.

High-Profile Petitioners and Their Stance

Prominent individuals, including:

• Krishna Priya, daughter of the Kashi Royal Family.
• Subramanian Swamy, BJP leader.
• Devkinandan Thakur Ji, a religious guru.

These petitioners challenge the Act, emphasizing that it deprives Hindus and other religious groups of their right to judicial remedy and restoration of their sacred sites.

Legal and Constitutional Debate

The petitions raise profound constitutional questions, including:

• The right to judicial remedy, which is a fundamental principle of justice.
• The Act's potential conflict with the basic structure doctrine, particularly concerning judicial review and secularism.

Conclusion: The Road Ahead

The debate over the Places of Worship Act strikes at the heart of India's secular and democratic fabric. While the Act seeks to preserve harmony, its constitutional validity and implications for religious rights remain contentious.

As the Supreme Court deliberates, the case will likely shape the future of India's legal and cultural landscape, balancing the need for communal harmony with the pursuit of justice.