Places of Worship Act

The Supreme Court will hear an appeal challenging the order of a civil court in Varanasi, which allowed inspection, survey and videography at the Gyanvapi Mosque complex. The petition was filed by the Anjuman Intezamia Masajid Committee, which has contended that the court order – upheld by the Allahabad High court on 21 April is ‘Clearly Interdicted by the Places of Worship (Special Provisions) Act, 1991.

• Part III of the constitution provides Freedom of Religious belief and conscience, India as a state is secular in nature and provides equal status to all religion.
• The Committee of Management of Anjuman Intezamia Masjid, has filed the appeal.
• The principal contention is that the order of the Varanasi court, which was upheld by Allahabad High Court in April is “clearly interdicted” by The Places of Worship (Special Provisions) Act, 1991.
• A legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution.

What is the law is all about?

• 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 as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.”
• Section 3 of the Act bars the conversion, in full or part, of a place of worship of any religious denomination into a place of worship of a different religious denomination — or even a different segment of the same religious denomination.
• Section 4(1) declares that the religious character of a place of worship “shall continue to be the same as it existed” on August 15, 1947.
• Section 4(2) says any suit or legal proceeding with respect to the conversion of the religious character of any place of worship existing on August 15, 1947, pending before any court, shall abate — and no fresh suit or legal proceedings shall be instituted.
• Section 5 stipulates that the Act shall not apply to the Ramjanmabhoomi-Babri Masjid case, and to any suit, appeal or proceeding relating to it.

• 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.

• The Act was brought about by a Bill introduced by the erstwhile Union Home Minister in the PV Narasimha Rao Cabinet, Shankarrao Bhavrao Chavan.
• The Act was passed when BJP leader LK Advani’s Rath Yatra for the Ram Janmabhoomi movement had gained massive support.
• Chavan sought to prevent incidents of communal unrest through the Bill.

• While delivering the Ayodhya verdict, SC bench said that,
  • “In providing a guarantee for the preservation of the religious character of places of public worship as they existed on 15 August 1947 and against the conversion of places of public worship, Parliament determined that independence from colonial rule furnishes a constitutional basis for healing the injustices of the past by providing the confidence to every religious community that their places of worship will be preserved and that their character will not be altered”.
  • The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution. The law is hence a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution.

Secularism is one of the Basic Structure Doctrine of our Indian Constitution. In order to protect the religious rights of the citizens, Parliament had enacted the Place of Worship (Special Provisions) Act in the 1991. During Ayodhya Verdict Supreme Court described the law as a legislative act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947.