The Supreme Court on Thursday, December 11 is scheduled to hear a batch of Public Interest Litigations (PIL) challenging the validity of certain provisions of the Places of Worship Act that prohibits filing a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.
A three-judge bench of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan is likely to hear the matter.
The top court is seized of the pleas including one filed by Ashwini Upadhyay who has prayed that sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act, 1991, be set aside. Among the various reasons submitted was the contention that these provisions take away the right of judicial remedy to reclaim a place of worship of any person or a religious group.
The Communist Party of India (Marxist) and Maharashtra MLA Jitendra Satish Awhad have also filed pleas against several pending petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991 saying the law protected public order, fraternity, unity, and secularism of the nation.
Pleas claim mosques in Varanasi, Mathura, Sambhal built over ancient temples
The matter will be heard in the backdrop of several suits filed in various courts, including those related to the Gyanvapi Mosque in Varanasi, Shahi Idgah Mosque in Mathura, and Shahi Jama Masjid in Sambhal, claiming these were built after destroying ancient temples and seeking permission to allow the Hindus to offer prayers there.
As many as six petitions including those filed by former Rajya Sabha MP Subramanian Swamy have been filed against the provisions of the 1991 law.
Swamy wanted the apex court to “read down” certain provisions to enable Hindus to stake a claim over the Gyanvapi Mosque in Varanasi and Shahi Idgah Mosque in Mathura, while Ashwini Upadhyay claimed the entire statute was unconstitutional and no question of reading down arises.
The doctrine of reading down a law is generally used to save a statute from being struck down entirely, subject to adjudication over its constitutionality.
Jamiat Ulama-i-Hind defends Places of Worship Act
On the other hand, Jamiat Ulama-i-Hind had cited the five-judge Constitution bench judgement in the Ram Janmabhoomi-Babri Masjid title case, noting the reference to the Places of Worship (Special Provisions) Act, 1991, to argue that the law cannot be set aside now.
The top court had, on March 12, 2022, sought the Centre’s response to the plea filed by Upadhyay challenging the validity of certain provisions of the law.
The petition alleged the 1991 law creates an “arbitrary and irrational retrospective cut-off date” of August 15, 1947, for maintaining the character of the places of worship or pilgrimage against encroachment done by “fundamentalist-barbaric invaders and law-breakers.”
The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947, and for matters connected therewith or incidental thereto.
The law had made only one exception: the dispute pertaining to the Ram Janmabhoomi-Babri Masjid in Ayodhya.
What is Places of Worship Act?
The Places of Worship (Special Provisions) Act, 1991 was enacted by the Indian Parliament to preserve the religious character of places of worship as they existed on August 15, 1947. It prohibits the conversion of any place of worship and maintains the status quo of religious sites as they were at the time of India’s independence.
The Act was passed amidst the Ram Janmabhoomi movement and aimed to prevent further religious disputes and maintain communal harmony.
(With inputs of PTI)
Follow on Twitter | Posted by Tamreen Sultana | 
