Places of Worship (Special Provisions) Act, 1991.

Context

• The Supreme Court asked the Centre to respond to a plea challenging the Places of Worship (Special Provisions) Act, 1991.

What is the law about?

• The law was passed in 1991 and seeks to maintain the “religious character” of places of worship as it was in 1947.
  • It was intended to pre-empt new claims by any group about the past status of any place of worship and attempts to reclaim the structures or the land on which they stood.
  • It exempted the case of the Ram Janmabhoomi-Babri Masjid dispute, which was already in court.

Provisions under the law

• Objective: 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.
  • Legal proceedings can be initiated concerning 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 of August 15, 1947.

Why is the law under challenge?

• Against the constitutional ethos: It is claimed to violate secularism.
• Take away the rights: It also prohibits Hindus, Jains, Buddhists, and Sikhs from approaching courts to “reclaim” their places of worship which were “invaded” and “encroached”.
• Legal Issues: Centre has no power to legislate on “pilgrimages” or “burial grounds” which is under the state list.
  • the government used Entry 97 of the Union List to enact this law which could make use of its residuary power to make laws.