Places of Worship Act 1991
Source : Hindustan Times
GS I : Communalism, Secularism, Regionalism; GS II : Governance

What is discussed under Places of Worship Act 1991?

1. Recent update on this petition by Supreme Court
2. Cases Related
3. What is Places of Worship (Special Provisions) Act?
4. Supreme Court View on Act?

Why in News ?

Pleas challenging the validity of certain provisions of 1991 law, which prohibit the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947, can be referred to a five-judge constitution bench for adjudication.

Key Facts

First Petition

• Petition filed by the Jamiat Ulama-i-Hind has submitted that Muslim Places of Worship are being made the subject matter of

  

  controversies which is in clear violation of the 1991 Act and despite there being a bar such proceedings are being permitted to proceed with interim orders altering the the status quo which has been maintained for ages in the Muslim Places of Worship.

• Petition Filed as writ Petition under Article 32.
• The Jamiat sought enforcement of the 1991 law.

Second Petition

• Vishwa Bhadra Pujari Purohit Mahasangh, which was filed in June 2020, opposes the statute on the grounds that it prevents residents from bringing legal actions to regain land that belonged to temples that were destroyed by Muslim authorities
• Hence denying judicial scrutiny.
• The petition also state that Places of Worship Act 1991 violate Article 25 and Article 26.

Article 32 : The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed; Article 25 : Freedom of conscience and free profession, practice and propagation of religion; Article 26 : Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right.

Recent update on this petition by Supreme Court

• Supreme Court requested the Center’s response within two weeks and mandated that the case be heard by a three-judge bench on October 11.
• A three-judge bench will be suitable to decide on the validity of the law.
• The Registry to place these matters before the appropriate three-judge bench.

Cases Related

Ayodhya verdict

• Supreme Court cannot entertain claims that arise from actions of the Mughal rulers against Hindu places of worship in a court of law today.
• Hindus would get the entire disputed 2.77 acres in Ayodhya where the demolished Babri Masjid once stood.
• Muslims will get alternate five acres of land either in the surplus 67 acres acquired in and around the disputed structure by the central government or any other “prominent” place.

Shahi Idgah mosque in Mathura

• 2020 a lawsuit in Mathura court asking for the deity to receive 13 acres of property.
• Also its seeks the relocation of the Shahi Idgah mosque, which was next to the Shri Krishna temple complex.
• The civil court had refused to entertain this case in September.
• The petitioners had filed a revision application in the District Judge’s court on the civil court’s order.
• The District Court overturned the lower court’s decision and permitted the hearing of the plea and noted that the Place of Worship Act, 1991’s restrictions did not apply in this situation.
• The Sunni Central Waqf Board then appealed the District Court’s decision to the Allahabad High Court, has now halted the lower court’s procedures until the matter’s next hearing.

Gyanvapi Mosque

• Five women had filed a petition seeking permission for daily worship of Hindu deities whose idols are located on an outer wall of the mosque.
• Varanasi civil court had ordered the survey of the mosque complex while hearing a petition

What is Places of Worship Act 1991?

The Places of Worship Act, 1991, prohibits “conversion of any place of worship” and provides “for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto

• Bar of conversion of places of worship – Section 3
  • No one is allowed to change any place of worship belonging to a certain religious sect or section of a particular religious sect into a different sect or section of the same or a different religious sect.
• The act declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it.
• Exemption from this Act
  • Section 5: The Act shall not apply to the Ramjanmabhoomi-Babri Masjid case, and to any suit, appeal or proceeding relating to it.
  • Any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.
  • Any institution of worship that falls under the definition of an ancient monument, an archaeological site, or is otherwise governed by the 1958 Act Concerning Ancient Monuments and Archaeological Sites and Remains.
• Punishment for contravention of section 3
  • Whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

Arguments against the Act

• The act bars judicial review.
• Violates the right to religion.
• Act imposes an arbitrary irrational retrospective cut-off date.
• Cannot file suit or approach High Court under Article 226.

Article 226 : Power of High Courts to issue certain writs. The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32

Supreme Court View on Places of Worship (Special Provisions) Act?

• Supreme Court rejected petitions that questioned the constitutionality of different provisions of the Places of Worship (Special Provisions) Act 1991, but it allowed parties to comparable cases that were already before it to intervene.
• In Ayodhya Verdict SC upheld the the law by stating that Act demonstrate the secular values of the Constitution.
• It provides confidence to every religious community that their places of worship will be preserved and that their character will not be altered.

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