In addition to pleas challenging the Act, the court is also hearing petitions supporting it and seeking directions for its proper enforcement
Team Clarion
NEW DELHI – The Chief Justice of India, Sanjiv Khanna, has constituted a special three-judge bench to hear a batch of petitions challenging the constitutionality of the Places of Worship (Special Provisions) Act, 1991.
The Act directs to maintain the status quo of all places of worship as they existed when the country gained independence on August 15, 1947. It prohibits the conversion of any place of worship to another religion and abates any legal proceedings concerning such conversions.
The three-judge bench comprising Chief Justice Khanna, Justice Sanjay Kumar, and Justice KV Vishwanathan is set to hear the case on December 12.
The case has been pending before the court since 2020.
In addition to pleas challenging the Act, the court is also hearing pleas supporting it and seeking directions for its proper enforcement. The case was earlier listed for December 5 but could not be taken up due to a lack of time, according to media reports.
The lead petitioner, BJP leader Ashwini Kumar Upadhyay, argues that sections of the Act violate fundamental rights, including equality before the law (Article 14) and the right to religious freedom (Article 25). Several other petitioners have joined the case, citing grievances over restrictions imposed by the Act on reclaiming disputed religious sites.
Another plea by the Vishwa Bhadra Pujari Purohit Mahasangh argues that the Act obstructs Hindu devotees’ rights to seek redress against encroachment. BJP leader Subramanian Swamy’s petition claims the Act infringes on the right to practice religion by restricting devout Hindus from worshipping at temples impacted by historical foreign aggression and conversions.
The Gyanvapi Mosque Committee has also filed an application to intervene in the pleas challenging the validity of the Act. The Committee of Management Anjuman Intezamia Masajid Varanasi argued that the masjid has been made the subject of a litany of cleverly drafted suits and the committee is therefore a crucial stakeholder in the challenge to the 1991 Act.
Prominent Muslim organisation, Jamiat Ulema-i-Hind, in its plea, has sought directions for enforcing the Act’s provisions.
Lawyers representingJamiat Ulama-i-Hind will also present their arguments in the court on the petitions challenging the Protection of Places of Worship 1991 Act.
The President of Jamiat Ulama-i-Hind, Maulana Arshad Madani, has termed this a hopeful development, stating in his statement that they are confident justice will prevail once again.
He said that the circumstances under which the law was enacted in 1991 were similar to today’s situation, where a wave of hatred was being spread everywhere and people were being incited to break the law. Therefore, this law was introduced to permanently close the door of hatred that communal elements had opened in an attempt to set the country’s peace, unity, and brotherhood on fire.
The government has been repeatedly asked to respond to these petitions but has sought extensions, with the Supreme Court setting new deadlines for comprehensive responses. This issue holds significant socio-political implications, particularly concerning historically contentious sites like those in Mathura, and Kashi. Recently, Jama Masjid in Sambhal, and the dargah in Ajmer have also been added to the list.
The Supreme Court hearing next week could lead to a landmark judicial interpretation regarding the balance between maintaining the historical status quo and addressing contemporary religious and cultural claims.
