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What is the News?
The Supreme Court will hear an appeal challenging the order of a civil court in Varanasi which allowed inspection, survey and videography at the Gyanvapi Mosque complex.
The petitioner contended that the Civil Court order upheld by Allahabad High Court is “clearly prohibited” by The Places of Worship (Special Provisions) Act, 1991.
What is the Places of Worship (Special Provisions) Act, 1991?
Click Here to read about the Act
Supreme Court Views on Places of Worship (Special Provisions) Act, 1991
In the 2019 Ayodhya Ram Janmabhoomi verdict, the SC Constitution Bench upheld the law and said that it is reflective of the secular credentials in the Constitution of India and that it prohibits retrogression.
What are the arguments against the Act?
Firstly, the Act has created arbitrary irrational retrospective cutoff dates and has barred the remedies against illegal encroachment on the places of worship and pilgrimages.
Secondly, the Act is unconstitutional and beyond its (Parliament’s) law-making power.
Thirdly, it is against the principle of law ‘ubi jus ibi remedium (where there is a right, there is a remedy), “thus violating the concept of justice and Rule of Law, which is the core of Article 14”.
Fourthly, Article 13(2) prohibits the State from making any law which takes away or abridges fundamental rights conferred under Part-III of the Constitution. But the Act bars the right to seek judicial review of a grievance.
Source: The post is based on the article “Explained: What is the Places of Worship Act and what are its provisions?” published in Indian Express on 17th May 2022.
