Places of Worship (Special Provisions) Act, 1991

Context-

The Places of Worship (Special Provisions) Act ,1991 . which preserves the religious character of places of worship, remains contentious amid ongoing legal challenges.  

• The Shahi Jama Masjid dispute in Sambhal, Uttar Pradesh has reignited debates over the Act’s applicability. 

Mosque’s History
– Built by: Mughal Emperor Babur’s general, Mir Hindu Beg, around 1528.
– Architecture: Stone masonry with plaster, similar to the mosque in Budaun.
– Historical Claims: Hindu tradition holds that it incorporates parts of an ancient Vishnu temple.

About Places of Worship (Special Provisions) Act, 1991

• It is described as an Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship.
• The Act declares that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947.
• It says that no person shall convert any place of worship of any religious denomination into one of a different denomination or section

• Objective of the Act: The Act’s goal was to freeze the religious character of any place of worship as it existed on August 15, 1947.
  • It sought to prevent new claims by any group regarding the historical status of places of worship and to ensure communal harmony.
• Main Features of the Act: The religious character of a place of worship must remain the same as it was on August 15, 1947.
  • It bars any conversion of a place of worship to a different denomination or religion.
  • All pending legal proceedings regarding the conversion of the status of places of worship as of August 15, 1947, were to be terminated.
  • Legal proceedings can only continue if they concern changes to the status after the cut-off date (August 15, 1947).
• Exceptions: The Act does not apply to ancient monuments covered by the Ancient Monuments and Archaeological Sites Act, 1958, or any disputes that were settled before the Act’s commencement.
  • The Act excludes the Babri Masjid-Ram Janmabhoomi dispute in Ayodhya.
• Penal Provisions: Anyone attempting to change the religious character of a place of worship faces imprisonment (up to 3 years) and a fine.
  • Those who abet or participate in such actions are also liable for punishment.

Challenges to the Act

• The law is being challenged on the grounds that it bars judicial review, which is a basic constitutional principle.
• The law imposes an arbitrary, irrational retrospective cutoff date (August 15, 1947), which critics argue is unjust.
• It is claimed that the law abridges the right to religion of Hindus, Jains, Buddhists, and Sikhs by preventing them from asserting claims to disputed religious sites.

Supreme Court’s View on the Act

• In 2022, the Supreme Court noted that an inquiry into the religious character of a place as it existed on August 15, 1947, may be allowed, but changing the religious nature is prohibited.
  • This interpretation has opened the door for district courts to hear such suits, despite the 1991 law’s restrictions on conversion of places of worship.

Way Forward 

• Need for Legal Clarity: With varying interpretations of the Act’s provisions, there is a pressing need for the Supreme Court to provide clear and definitive guidelines on the applicability of the Places of Worship Act. 
• Preventing Local Court Overreach: The increasing frequency of local court interventions in sensitive religious matters calls for a closer examination of the jurisdictional limits of lower courts.
  • The Supreme Court should assert its role in overseeing cases that may have wider social or political implications. 
• De-politicizing Legal Cases: Legal challenges on religious sites should remain free from political influence to prevent misuse for ideological or electoral purposes, ensuring the judiciary’s credibility and the sanctity of religious institutions. 
• Focusing on Unity: Both political parties and civil society must prioritize unity over division. It is essential to emphasize the shared cultural and historical heritage that binds India together, irrespective of religion.

#thePlacesofWorshipAct

CBL Practice Questions for Prelims –

Which of the following is true about the enforcement of the Places of Worship Act, 1991?

a) The Act allows retrospective alteration of the status of any religious place of worship.
b) The Act mandates the preservation of the religious character of all places of worship as they were on August 15, 1947.
c) The Act specifically applies only to places of worship with a Hindu character.
d) The Act was passed with the consent of all religious communities in India.

Answer: b) The Act mandates the preservation of the religious character of all places of worship as they were on August 15, 1947.

CBL Mains Practice Question –

The Places of Worship (Special Provisions) Act, 1991, seeks to preserve the status quo of religious places of worship as they existed on August 15, 1947. Critically analyze the provisions of the Act and discuss its significance in contemporary India, especially in relation to religious tolerance and the rule of law.

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