News Highlight
The Supreme Court sought the Centre’s response within two weeks on a batch of petitions challenging the validity of the Places of Worship (Special Provisions) Act, 1991.
Key Takeaway
- The SC ordered that the matter be heard by a three-judge bench soon.
- The law, which was introduced in 1991, maintained the “religious character” of all places of worship as it was in 1947, except for the Ram Janmabhoomi-Babri Masjid dispute.
The Places of Worship (Special Provisions) Act, 1991.
- The Places of Worship Act is “an Act to prohibit the 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.”
Major Provisions
- Scope and extent:
- Place of worship means a temple, mosque, gurudwara, church, monastery, or any other place of public religious worship of any religious denomination.
- Prevention of Conversion (Section 3):
- No person shall convert any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or a different religious denomination.
- Status Quo (Section 4(1)):
- It is declared that the religious character of a place of worship existing on the 15th day of August 1947 shall continue to be the same as it existed on that day.
- Legal Mandate (Section 4(2)):
- It declares that all suits, appeals, or any other proceedings regarding converting the character of a place of worship, which are pending before any court or authority on August 15, 1947, will abate as soon as the law comes into force.
- No further legal proceedings can be instituted.
- Exemption (Section 5):
- There is an exception to the bar on instituting fresh proceedings with regard to suits related to the conversion of status that happened after August 15, 1947.
- This saves legal proceedings, suits, and appeals regarding the possibility of status that took place after the cut-off date.
- For example, nothing contained in this Act shall apply to the place or place of worship commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya, appeal or other proceedings relating to the said place or place of worship.
- Punishment (Section 6):
- It prescribes a punishment of a maximum of three-year imprisonment along with a fine for contravening the provisions of the Act.
Issues with the Act
- Barring Judicial Review:
- The law has been challenged on the ground that it bars judicial review, which is a basic feature of the Constitution.
- The power of judicial review refers to the judiciary’s ability to examine and assess the legality of a law or an order.
- The power of judicial review is available to the courts both against legislative and executive actions.
- Not in the spirit of secularism:
- Further, a petition has argued that that act goes against the principle of secularism and the state’s duty to preserve and protect religious and cultural heritage.
Supreme Court’s view on the Places of Worship Act
- In the Ayodhya Verdict, the Supreme Court upheld that the Act reflects the secular values of the Constitution and strictly prohibits retrogression.
- Each religious community is assured that their places of worship will be preserved and their character will not be altered.
- The law addresses the state as much as every citizen of the country, and its norms bind those who manage the country’s affairs at all levels.
Content Source: The Hindu