PLACES OF WORSHIP ACT, 1991
The Places of Worship Act, 1991, is an important legislation in India that seeks to protect the character of religious places of worship as they existed on August 15, 1947. The law prohibits any suit or proceeding against the encroachment of any religious properties before this date, and any such pending proceeding stands abated. The Act also requires that any proceeding filed on the grounds that conversion of religious place has taken place after August 15, 1947, and before September 18, 1991, shall be disposed of to maintain the status as existed on August 15, 1947.
Contents
• The purpose of the Act
• The current status of the Act
• Previous developments in the case
The purpose of the PLACES OF WORSHIP ACT, 1991
The Places of Worship Act is a crucial piece of legislation that seeks to maintain communal harmony in India. It ensures that religious places of worship are not converted or encroached upon, and their character is preserved for generations to come. The Act is particularly important in a diverse country like India, where communal tensions can often lead to violent clashes.
The current status of the Act
Recently, a clutch of petitions challenging the Places of Worship Act was filed before the Supreme Court of India. However, the Centre is yet to file its response in the matter. The Supreme Court, in its order, has posted the matter for hearing before a three-judge Bench in July 2023. The Chief Justice of India, D Y Chandrachud, and Justice J B Pardiwala will hear the matter.
Previous developments in the case
The matter related to the Places of Worship Act was last heard by the Supreme Court on January 9, 2023. The Centre was given time till February 2, 2023, to file its response. Solicitor General Tushar Mehta had told the Bench that the government “may” file a reply before the hearing. However, the Centre had not yet submitted its reply despite seeking an extension of time. The parties of this case requested the Bench to schedule the matter for regular hearing. The threejudge Bench will hear the matter in July 2023.
TRIVIA:
Exemption:
• The disputed site at Ayodhya was exempted from the Act. Due to this exemption, the trial in the Ayodhya case proceeded even after the enforcement of this law.
• Besides the Ayodhya dispute, the Act also exempted:
• Any place of worship which is an ancient and historical monument, or an archaeological site 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.
Criticisms and Debates:
- Historical Injustice: Some argue the Act freezes historical wrongs, like forced conversions during past invasions. They believe communities should have the right to reclaim places of worship with historical claims.
- Right to Religion: Critics claim the Act restricts the right to practice religion by preventing the restoration of places believed to hold religious significance.
- Exemptions and Exceptions: The Act’s exclusion of specific disputes, like the Ram Janmabhoomi case, raises questions about its fairness and comprehensiveness. Read more information Click here