Supreme Court to Hear Plea on 1991 Places of Worship Act on April 1

 

The Supreme Court of India is set to hear a crucial plea challenging the Places of Worship (Special Provisions) Act, 1991, on April 1, 2024. The Act, which preserves the religious character of places of worship as they existed on August 15, 1947, is facing multiple legal challenges that question its constitutional validity.

Key Details of the Hearing

  • A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will hear the plea.

  • The petition seeks permission for courts to ascertain the original religious character of disputed places of worship.

Petitioner’s Arguments Against the Act

The petition, filed by law student Nitin Upadhyay, argues that:

  • The right to judicial remedy is a fundamental right and cannot be restricted by the government.

  • Section 4(2) of the Act bars legal proceedings to alter the religious character of any place of worship, which violates the basic structure of the Constitution.

  • While the Act mandates preservation of religious character, it does not prohibit structural changes to restore the original religious nature of a place.

  • The Act does not prevent scientific or documentary surveys to determine the true religious identity of a structure.


Challenges to the Places of Worship Act, 1991

Several petitions are pending before the Supreme Court questioning the constitutional validity of Sections 2, 3, and 4 of the Act. The petitioners claim that these sections violate:

  • Right to Equality (Article 14)

  • Freedom to Practice Religion (Article 25)

  • Principles of Secularism & Rule of Law (which are integral to the Preamble and the Constitution’s basic structure)

Who Has Filed Petitions Challenging the Act?

Several political leaders, religious figures, and activists have approached the Supreme Court to challenge the 1991 Act, including:

  • Maharaja Kumari Krishna Priya (Daughter of the Kashi Royal Family)

  • BJP leader Subramanian Swamy

  • Chintamani Malviya (Former MP)

  • Anil Kabotra (Retired Army Officer)

  • Advocates Chandra Shekhar & Ashwini Upadhyay

  • Swami Jeetendranand Saraswati & Devkinandan Thakur Ji (Religious leaders)

They argue that the Act prevents legal recourse for restoring historical temples and religious sites.

Opposition to the Challenge

On the other hand, several political parties and religious organizations have opposed the petitions, arguing that:

  • Allowing these cases will lead to litigation against thousands of mosques in India.

  • The Indian National Congress, CPI(ML), AIMIM leader Asaduddin Owaisi, Jamiat Ulama-I-Hind, and the All India Muslim Personal Law Board have filed intervention applications against the challenge to the Act.

  • The Committee of Management Anjuman Intezamia Masjid (which manages the Gyanvapi Mosque) and the Shahi Idgah Mosque Committee of Mathura have also objected to the petitions.

Supreme Court’s Stand So Far

  • December 12 Order: The Supreme Court restrained all courts across India from passing any effective interim or final order on surveys of religious structures.

  • No Fresh Suits: The court barred new lawsuits while the constitutional challenge to the 1991 Act is under review.

What Does the Places of Worship Act, 1991 State?

  • No Alteration of Religious Character: The Act prohibits the conversion or alteration of religious places into another faith’s place of worship.

  • Strict Penalties for Violations: Any attempt to change the religious character of a place can lead to legal action and punishment.

  • Ayodhya Exemption: The dispute related to Ram Janmabhoomi-Babri Masjid was kept out of the Act’s purview, allowing legal proceedings to continue in that case.

Why Is This Case Important?

This Supreme Court hearing will have huge implications on the future of religious disputes in India. If the court allows legal challenges, it could open the door for more petitions regarding historical places of worship, including disputes in Kashi (Varanasi) and Mathura.

What do you think? Should historical religious disputes be reopened or should the status quo remain? Share your thoughts in the comments.

Location: Pune, Maharashtra, India

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