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The Places of Worship Act: An Overview

The Places of Worship Act, 1991 was passed by the Indian Parliament on September 18, 1991. This law was passed with the intention of outlawing the conversion of places of worship and guaranteeing that each one would retain its "religious character" as of August 15, 1947.

 There are currently debates in the nation over this Act, and we will go over some of the key topics in the essay that follows.

Why was the Places of Worship Act of 1991 passed?
The Places of Worship (Special Provisions) Act, 1991 was established by the Central Government under PV Narasimha in the early 1990s, at the height of the Ram Janmabhoomi-Babri Masjid dispute.
The law guaran:teed the preservation of all places of worship as they existed on August 15, 1947, and it also forbade conversion.

Then-Home Minister SB Chavan stated when he introduced the measure that it was passed "in view of the controversies… which tend to vitiate the communal atmosphere."
  • Sections 3, 4, and 5 are the subject of nearly all arguments about the Act.
  • The act of "converting" a house of worship from one faith or sect to another is illegal, according to Section 3.
  • According to Section 4 of the Act, August 15, 1947, is the date on which the type of house of worship will be decided.
  • However, Section 5 of the Act does not apply the law to the Ram Janmabhoomi-Babri Masjid site.
  • Paradoxically, on December 6, 1992, the Kar Sewaks demolished the contested building shortly after the legislation was introduced.

Why Was the Act of 1991's Legitimacy Recently Contested?

  • A few months after the Supreme Court's 2019 ruling in the Ram Temple title suit, petitioners, including BJP spokesperson and advocate Ashwini Kumar Upadhyay, challenged the Places of Worship Act.
  • In the petitions, it was requested that Sections 3, 4, and 5 be ruled unconstitutional. The petitioners argued that the Act of 1991 violates the fundamental framework of the Constitution, restricts the right to judicial review, and infringes upon the right to freedom of religion guaranteed by Articles 25, 26, and 29.

Arguments in Favor of the Act of 1991

The All India Muslim Personal Law Board, which could be considered the highest authority representing Muslim interests in India, argued that courts shouldn't alter a fundamental law that safeguards places of worship, as stipulated by the Constitution's fundamental framework.

SC Regarding Instances Comparable to the Ram Mandir Title Dispute

  • The Five Judge Bench noted that "law was a legislative instrument designed to protect the secular features of the Indian polity" in the Ram Mandir case.
  • The Apex Court ruled that, in accordance with the Act of 1991, no comparable cases may be considered concerning other locations when ruling on the contested land in favor of Ram Lala Virajman.

Why Has the Number of "Religious Places" Lawsuits Filed in Lower Courts Suddenly Increased?

  • Many civil suits have been filed in lower courts around the nation, contesting the nature of significant places of worship, even while the case challenging the Places of Worship Act is still pending before the Apex Court.
  • Following the Hon'ble SC's favorable decision in the Ram Mandir title suit, some of these petitions were submitted.
  • According to a recent plea submitted to a Rajasthani court, the Ajmer Sharif Dargah was once a Shiva temple.
  • A court has ordered the Archaeological Survey of India (ASI) to visit the Shahi Jama Masjid in Sambhal, Uttar Pradesh, in another recent instance.
  • Similarly, in 2023, a Varanasi court mandated that the ASI begin a "scientific investigation" into the Gyanvapi Masjid's premises.
You can reach us at Sharks of Law for more information on this subject as well as free legal assistance or online legal consultation on any issue pertaining to criminal, civil, or family law.
Email: [email protected], Help Desk:-+91-88770-01993

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