Controversy with the Places of Worship Act-Places of worship and an unsettling judicial silence

Source: The post controversy with the Places of Worship Act has been created, based on the article “Places of worship and an unsettling judicial silence” published in “The Hindu” on 16th February 2024.

UPSC Syllabus Topic: GS Paper1-Society – secularism

News: The article discusses the Supreme Court of India’s handling of cases involving religious sites, focusing on the Places of Worship Act, 1991. It mentions challenges to the Act, petitions against mosques, and concerns about secularism and the Act’s future. Controversy With The Places of Worship

What is the background of the issue?

Babri Masjid Verdict: In November 2019, the Supreme Court of India gave a verdict in the Babri Masjid case, awarding the disputed land to the group that demolished the mosque.

Places of Worship Act, 1991: The Court praised this Act, which aims to preserve the religious character of worship places as of August 15, 1947.

Post-Verdict Petitions: After the verdict, petitions were filed against mosques in Kashi, Mathura, and others, claiming they were originally Hindu temples.

What is the controversy with the Places of Worship Act?

Act’s Objective: The Places of Worship Act, 1991, aims to maintain the religious character of places of worship as they existed on August 15, 1947.

Challenges to the Act: There are increasing petitions against mosques, claiming they were built on ancient temples. Examples include petitions against mosques in Kashi and Mathura.

Supreme Court’s Involvement: The Court has allowed some petitions to be considered, challenging the Act’s intent.

Concern Over Cut-off Date: A petitioner suggested changing the Act’s cutoff date from 1947 to 1206, questioning the Act’s scope.

What are the implications of such controversy?

Threat to Secularism: The challenges to the Places of Worship Act potentially undermine India’s commitment to secularism, as the Act was designed to protect the religious character of places of worship.

Political Implications: These controversies are influencing political narratives, especially with the upcoming general election in 2024. The petitions and debates are becoming a tool in political agendas.

Legal Precedent: The Supreme Court’s decisions on these matters could set significant precedents for how religious sites are treated legally.

Public Trust and Harmony: Challenges to the Act and the filing of numerous petitions against mosques risk breaching public trust and could lead to communal disharmony.

Historical Reinterpretation: The petitions, by questioning historical facts and attempting to change the religious status of sites, could lead to a reinterpretation of history, impacting the collective memory and cultural heritage of the nation.

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Way forward

The way forward involves the Supreme Court upholding the integrity of the Places of Worship Act, ensuring secularism and historical preservation. It’s crucial to maintain public trust and communal harmony, especially with the looming general election in 2024, where such issues could significantly influence political narratives.

Question for practice:

Evaluate the potential impact of the Supreme Court’s decisions on petitions challenging the Places of Worship Act.