Supreme Court On Places of Worship Act: Halts New Mandir-Masjid Suits

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Places Of Worship Act: The Supreme Court of India addressed a significant legal challenge regarding the Places of Worship (Special Provisions) Act, 1991. A bench comprising Chief Justice Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan stated that no new lawsuits concerning religious sites could be filed until the court resolves the ongoing petitions questioning the constitutionality of this Act. This ruling comes amidst a backdrop of rising tensions surrounding religious sites in India, particularly those claimed by Hindu groups to have been built over ancient temples.

Overview of the Places of Worship Act

The Places of Worship (Special Provisions) Act, 1991 was enacted to maintain the religious character of places of worship as they existed on August 15, 1947. The Act explicitly prohibits any conversion of these sites and bars courts from entertaining disputes regarding their status, except for the notable exception of the Ram Janmabhoomi case in Ayodhya. The primary aim of this legislation is to prevent communal conflicts and preserve peace by ensuring that the religious character of such places remains unchanged from their status in 1947.

Key provisions under scrutiny include:

Section 2: Defines “conversion” as any alteration or change in the nature of a place of worship.
Section 3: Prohibits the conversion of any place of worship into one belonging to a different religious denomination.
Section 4: Declares that the religious character of a place of worship existing on August 15, 1947, shall remain unchanged.

Supreme Court On Places of Worship Act

During the recent hearing, the Supreme Court emphasized that all lower courts must refrain from passing any orders related to surveys or new suits concerning religious sites until it concludes its examination of the petitions challenging the Act. The Chief Justice remarked that allowing other courts to proceed with such matters while the Supreme Court is deliberating would not be just or fair. This decision effectively halts any legal actions related to religious disputes across India until further notice.

The court has directed the Central Government to submit a counter-affidavit within four weeks regarding these petitions. This ruling is particularly significant as it could influence ongoing disputes involving prominent sites like the Gyanvapi Mosque in Varanasi and others where Hindu groups claim historical injustices.

Arguments Presented

Petitioners challenging the Act argue that it infringes upon their constitutional rights under Articles 25 (freedom of religion), 26 (right to manage religious affairs), and 29 (protection of interests of minorities). They contend that the Act effectively denies Hindus, Jains, Buddhists, and Sikhs their rights to reclaim and manage places of worship that they believe were wrongfully converted or destroyed during historical invasions.

Supporters of the Act argue that it serves as a crucial mechanism for maintaining communal harmony by preventing endless litigation over historical grievances. They assert that allowing such lawsuits could lead to increased tensions and conflicts between different religious communities.

Implications

The outcome of this case could have far-reaching implications for India’s legal landscape concerning religious disputes. If the Supreme Court finds sections of the Places of Worship Act unconstitutional, it may open floodgates for numerous claims regarding disputed sites across India. Conversely, upholding the Act could reinforce its role in maintaining peace and stability among diverse religious communities.

This ongoing legal battle highlights broader societal issues regarding historical grievances and contemporary interpretations of secularism in India. As various groups continue to advocate for their rights over religious sites, the Supreme Court’s eventual ruling will likely shape future discourse on religion and law in India.

In conclusion, as the Supreme Court prepares to deliberate on these significant issues surrounding the Places of Worship (Special Provisions) Act, its decisions will not only impact current lawsuits but also set precedents for how similar cases are handled in the future. The court’s commitment to resolving these matters fairly underscores its pivotal role in navigating India’s complex socio-religious landscape.