Historic debate ahead: SC to hear petitions on places of worship act, 1991 on Feburary 17!
The Act, which maintains the religious character of places of worship as of August 15, 1947, is being debated over its impact on historical grievances and communal harmony.
The Supreme Court of India is scheduled to hear a series of petitions concerning the Places of Worship (Special Provisions) Act, 1991, on February 17, 2025. This Act maintains the religious character of places of worship as they existed on August 15, 1947, prohibiting any alterations.
Places of worship Act
Background of the Act: Enacted in 1991, the Places of Worship Act aims to preserve the status quo of religious sites as of India's Independence Day. The only exception to this Act is the Ram Janmabhoomi-Babri Masjid dispute, which was already under litigation at the time. The Act seeks to prevent new claims over religious sites to maintain communal harmony.
Recent Developments: Several petitions have been filed challenging the constitutional validity of certain provisions of the Act. Petitioners argue that the Act infringes upon the rights of certain communities to reclaim religious sites that were allegedly altered or demolished during historical invasions. Notably, BJP leader Ashwini Kumar Upadhyay and former MP Subramanian Swamy are among those who have filed petitions seeking to strike down specific sections of the Act.
Enforcement of the Act
Conversely, other petitions advocate for the strict enforcement of the Act to uphold secularism and prevent communal discord. AIMIM chief Asaduddin Owaisi filed a plea on December 17, 2024, emphasizing the importance of maintaining the Act's provisions to protect the religious character of places of worship as they stood on August 15, 1947.
Potential legal conflicts
In response to the ongoing debates and to prevent potential legal conflicts, the Supreme Court, on December 12, 2024, directed all courts across the country to refrain from entertaining new suits or passing orders related to the conversion of religious character of any place of worship until further notice. The Court also granted the Central Government four weeks to file a detailed affidavit clarifying its stance on the Act.
Implications: The upcoming hearing on February 17 is poised to address these multifaceted issues, balancing historical grievances with the need for communal harmony. The Supreme Court's decision could have far-reaching implications on the interpretation of secularism, the rights of religious communities, and the preservation of India's diverse cultural heritage.As the nation awaits the Court's deliberation, the outcome is expected to provide clarity on the legal standing of the Places of Worship Act and its role in contemporary India.
