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Recently, the Supreme Court (SC) has asked the Centre to respond to a plea challenging the Places of Worship (Special Provisions) Act, 1991.
Background
- The plea challenged various provisions of the Act.
- Section 2, 3, 4 not only offend the right to pray, practice and propagate religion (Article 25), the right to manage, maintain and administer places of worship-pilgrimage (Article 26), right to conserve culture (Article 29) but are also contrary to State’s duty to protect historic places (Article 49) and preserve religious cultural heritage (Article 51A).
- It has been challenged on the ground that it violates secularism.
- Also, the cut-off date of 15th August 1947 has been held as “arbitrary, irrational and retrospective” as it prohibits Hindus, Jains, Buddhists and Sikhs from approaching courts to “reclaim” their places of worship which were “invaded” and “encroached” upon before independence.
- The cut off of 15th August also means that the status quo determined by a colonial power is considered final.
- It was opposed during its introduction as well, because the Centre has no power to legislate on “pilgrimages” or “burial grounds” which is under the state list.
About the 1991 Act
- It was passed in 1991 by the P V Narasimha Rao-led Congress government.
- Objective
- To provide for the maintenance of the religious character of any place of worship.
- To prohibit conversion of any place of worship.
- To curb communal tension.
- Major Provisions
- Sections 3 and 4 declared that the religious character of a place of worship shall continue to be the same as it was on 15th August 1947 and that no person shall convert any place of worship of any religious denomination into one of a different denomination or section.
- Section 4(2) says that all suits, appeals or other proceedings regarding converting the character of a place of worship, that were pending on 15th August 1947, will stand abated when the Act commences and no fresh proceedings can be filed.
- However, legal proceedings can be initiated with respect to the conversion of the religious character of any place of worship after the commencement of the Act if the change of status took place after the cut-off date.
- Exemptions
- Ram Janma Bhumi Babri Masjid
- Under Section 5 of the Act, it does not apply to Ram Janma Bhumi Babri Masjid.
- Nothing contained in this Act shall apply to Ram Janma Bhumi-Babri Masjid situated in Ayodhya (Uttar Pradesh) and to any suit, appeal or other proceeding relating to it.
- 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.
- Any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.
- A suit that has been finally settled or disposed of.
- Ram Janma Bhumi Babri Masjid
(Image Credits: The Hindu)
SC’s Views and Stand
- In the 2019 Ayodhya verdict, the SC held that the Act manifests the secular values of the Constitution and strictly prohibits retrogression.
- It provides confidence to every religious community that their places of worship will be preserved and that their character will not be altered.
- The law addresses itself to the State as much as to every citizen of the nation and its norms bind those who govern the affairs of the nation at every level.
- Those norms implement the Fundamental Duties under Article 51A and are hence positive mandates to every citizen as well.
- Through it, the State-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.
- In agreeing to examine the law, SC has opened the doors for litigation in various places of worship across the country.
