Places of Worship (Special Provisions) Act, 1991
Context: The Supreme Court asked the Centre to respond to a plea challenging the Places of Worship (Special Provisions) Act, 1991. The court has opened the doors for litigation in various places of worship across the country including Mathura and Varanasi.
About the law:
- The law seeks to maintain the religious character of places of worship as it was in 1947 except in the case of Ram Janmabhoomi-Babri Masjid dispute, which was already in court.
- It was adopted to curb communal tension.
- Sections 3 and 4 of the Act declare that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947.
- Section 4(2) says that all suits, appeals or other proceedings regarding converting the character of a place of worship, that were pending on August 15, 1947, will stand abated when the Act commences and no fresh proceedings can be filed.
- Besides the Ayodhya dispute, the Act also exempted:
- any place of worship that is an ancient and historical monument or an archaeological site, or is covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958;
- a suit that has been finally settled or disposed of;
- any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.
Supreme Court’s Stand:
- In the 2019 Ayodhya verdict, the Constitution Bench referred to the law and said it manifests the secular values of the Constitution and strictly prohibits retrogression.
- In providing a guarantee for the preservation of the religious character of places of public worship as they existed on 15 August 1947 and against the conversion of places of public worship, Parliament determined that independence from colonial rule furnishes a constitutional basis for healing the injustices of the past by providing the confidence to every religious community that their places of worship will be preserved and that their character will not be altered.
- The State, has by enacting the law, enforced a constitutional commitment and operationalized its constitutional obligations to uphold the equality of all religions and secularism which is a part of the basic structure of the Constitution.
1.png)
