Beyond resolution: SC refuses to hear new challenges on 'Places of Worship Law'

The Supreme Court of India has recently issued significant directives concerning the Places of Worship (Special Provisions) Act, 1991. On December 12, 2024, a special bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan, ordered that no new suits challenging the religious character of places of worship shall be registered until the Court concludes its hearing on the matter.

Supreme Court decision

Additionally, in ongoing cases, lower courts are restrained from passing any effective interim or final orders, including directives for surveys, until the Supreme Court reaches a decision. This directive comes in response to multiple petitions challenging the constitutional validity of certain provisions of the 1991 Act, which maintains the religious character of places of worship as they existed on August 15, 1947. The petitioners argue that specific sections of the Act infringe upon the rights of certain religious communities to reclaim their places of worship. Conversely, intervenors, including political parties and religious organizations, contend that the Act is essential for preserving communal harmony and upholding secularism. 

Gyanvapi Mosque in Varanasi

The Supreme Court has granted the Central Government four weeks to file a comprehensive response to the petitions. In the interim, the Court has appointed nodal counsels to represent the various parties involved: Advocate Ejaz Maqbool for those seeking enforcement of the Act, Advocate Kanu Agarwal for the Centre, and Advocate Vishnu Shankar Jain for the petitioners challenging the Act's validity. These developments are particularly pertinent given ongoing disputes over sites like the Gyanvapi Mosque in Varanasi and the Shahi Eidgah Mosque in Mathura, where the Act has been cited to argue against altering the existing religious character of these places.

The Supreme Court's intervention aims to prevent conflicting orders from lower courts and maintain status quo until a definitive ruling is made. The Places of Worship Act was enacted in 1991 to prohibit the conversion of any place of worship and to maintain its religious character as it existed on August 15, 1947. The Act excludes the Ram Janmabhoomi-Babri Masjid dispute, which was already under litigation at the time. The current legal challenges and the Supreme Court's directives underscore the ongoing debates surrounding the Act and its implications for religious sites across India.