Controversy over surveying religious places

Source: The post controversy over surveying religious places has been created, based on the article “It is for historians to dig for tell-tale remains, not bigots” published in “The Hindu” on 21st December 2024

UPSC Syllabus Topic: GS Paper1-Society – secularism

Context: The article discusses the controversy over surveying religious places like mosques to find evidence of earlier temples, questioning its legality under the Places of Worship Act, 1991. It argues such actions violate secularism, Article 26 rights, and promote communal tensions.

For detailed information on Controversy with the Places of Worship Act read this article here

What Does the Places of Worship Act State?

1. The Places of Worship (Special Provisions) Act, 1991, prohibits the conversion of a place of worship from one religion to another.
2. It maintains that the religious character of a place as on August 15, 1947, must remain unchanged.
3. Any suits or appeals pending in courts regarding such conversions as of the Act’s commencement are to abate immediately.
4. New legal suits or proceedings for altering the religious character of places of worship are barred after the Act’s enforcement.
5. The Act was enacted during heightened tensions around the Ram Janmabhoomi movement, to prevent violence and communal unrest.
6. The Ayodhya judgment of the Supreme Court hailed this Act for protecting secularism.

What Was the Observation of the Former Chief Justice of India?

1. In 2022, then-CJI D.Y. Chandrachud made an oral observation in the Gyanvapi mosque case.
2. He stated that “a survey may not necessarily fall foul of the Places of Worship Act.”
3. This observation caused confusion, as it was not part of a formal judgment but was misinterpreted by lower courts.
4. Following this, courts in Uttar Pradesh ordered surveys of mosques to determine their religious character, violating the 1991 Act.

Why Are Such Surveys Considered Problematic?

1. Violation of the Places of Worship Act, 1991: The Act bars altering the religious character of places of worship as they existed on August 15, 1947, and prohibits related surveys. Surveys contradict this law by trying to reopen settled matters.
2. Potential for Communal Violence: For example, surveys in mosques led to violence in Sambhal, Uttar Pradesh, resulting in loss of lives. Such actions risk heightening communal tensions.
3. Legal Misinterpretation: Lower courts ordered surveys based on oral observations by former CJI D.Y. Chandrachud in 2022. However, these observations lacked legal standing.
4. Violation of Article 26: Article 26 guarantees religious groups the right to manage their worship practices. Surveys interfere with these rights and can be deemed unconstitutional.
5. Secularism at Risk: The Act, upheld in the Ayodhya judgment, is seen as protecting secularism. Surveys undermine this principle, fueling religious disputes.

Question for practice:

Examine how the Places of Worship Act, 1991, seeks to uphold secularism and whether surveys of religious sites align with its provisions.