The Places of Worship Act, 1991

News: The petition in Sambhal’s Jama Masjid aims to alter the religious nature of a place of worship, which is prohibited by the Places of Worship Act, 1991.

About the Places of Worship Act, 1991

1. The Act aims to prevent the conversion of any place of worship and ensure the preservation of its religious character.

2. It states that the religious character of a place of worship must remain as it was on August 15, 1947.

3. Section 3 of the Act prohibits the conversion of a place of worship, either fully or partially, from one religious denomination to another or within the same denomination.

4. However this act has certain exemptions which are mentioned below:

• The Act does not apply to ancient and historical monuments, archaeological sites, or remains protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
• It also excludes cases that have already been settled, disputes resolved through mutual agreement, or conversions that occurred before the Act was enforced.
• The Ayodhya site was also exempted from the Act, allowing the trial to continue even after the law was enforced.

5. The main criticism of the Act, which has led to challenges, is that it bars judicial review, a fundamental feature of the Constitution.

6. The Supreme Court observed that while changing a place’s religious nature is banned under the Act, investigating its historical character may still be allowed. This has enabled district courts to hear such petitions without directly violating the Act.