Places of Worship Act 1991- Explained Pointwise

The recent Sambhal and Ajmer Sharif shrine disputes, has brought the Places of Worship Act 1991, back into national focus. The Act was enacted to freeze the status of religious places of worship as they existed on 15th August, 1947. It prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship.

However, former Chief Justice D.Y. Chandrachud’s remark that the Places of Worship Act does not preclude determining a site’s religious character on the specified date (15th August, 1947), has brought much confusion to the law. Places of Worship Act 1991.

What is the background, aim and major provisions of the Places of Worship Act 1991?

Background of the Act- As the Babri-Masjid Ram Janmabhoomi dispute escalated, the Vishwa Hindu Parishad and other Hindu organizations also contested the Gyanvapi mosque in Varanasi and the Shahi Idgah in Mathura. In September 1991, the P.V. Narasimha Rao government passed a special law freezing the status of places of worship as they were on August 15, 1947. This law excluded the Ayodhya structure since its litigation was still in progress.

Aim of the Act- The Act aims to prevent the conversion of any place of worship and ensure the preservation of its religious character. It states that the religious character of a place of worship must remain as it was on August 15, 1947.

Major Provisions of the Act

What are the arguments raised against the Places of Worship Act 1991?

1. Unconstitutional as it bars judicial review- Critics of the act hold it unconstitutional as it bars the right to seek judicial review of a grievance (Art 13(2)).

2. Violation of principle of law ‘ubi jus ibi remedium’- Critics hold that the Places of Worship Act goes against the principle of law ‘ubi jus ibi remedium‘ (where there is a right, there is a remedy). It thus violates the concept of Rule of Law, which is the core of Article 14.

3. Arbitrary and irrational retrospective cutoff date- The opponents of the Act criticize it on the account of it creating arbitrary irrational retrospective cutoff dates. The status quo determined by a colonial power is considered final by barring the remedies against illegal encroachment on the places of worship and pilgrimages.

4. Violation of principle of Secularism- The critics of the Places of Worship Act criticize the act for violating the principle of secularism. The prohibition of Hindus, Jains, Buddhists, and Sikhs from reclaiming their places of worship which were invaded and encroached upon by fundamentalist barbaric invaders, is cited as a major reason for the opposition of Places of Worship Act.

5. Violation of Freedom of Religion- The Places of Worship Act, 1991 is held by its critics against the liberty of belief, faith, and worship to all citizens. Freedom of religion is guaranteed to all citizens under Articles 25 and 26 of the Constitution.

What is the significance of Places of Worship Act 1991?

1. Preservation of Religious Status Quo- The Act ensures the continuity of religious practices and prevents retrospective claims on places of worship by mandating that the religious character of all places of worship, as it stood on August 15, 1947, cannot be altered.

2. Promotion of Communal Harmony- The Act aims to prevent communal tensions and conflicts by prohibiting the conversion of any place of worship.

3. Promotion of Secularism- The law reinforces India’s commitment to secularism by ensuring that disputes over religious sites do not undermine the principle of equality among all religions.

4. Deterrence Against Misuse- The Act discourages individuals or groups from attempting to stir communal unrest for political or social gains by criminalizing the alteration of religious sites.

What implications are created by challenges against the Places of Worship Act 1991?

1. 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.

2. Political Implications- The petitions and debates are becoming a tool in political agendas and are influencing political narratives

3. 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.

4. Public Trust and Harmony- Challenges to the Act and the filing of numerous petitions against mosques risk breaching of public trust and could lead to communal disharmony. The recent case of Sambhal Violence is the case in Point.

Way Forward

1. Comprehensive evaluation by SC- The SC must conduct a comprehensive evaluation of the Places of Worship Act to address its criticisms and limitations.

2. Safeguarding judicial review- The judiciary’s ability to review cases must be safeguarded to ensure that the constitutional rights are upheld.

3. Maintenance of Balance- A balance must be maintained between protecting the religious character of sites and respecting the rights of diverse communities.

4. Promotion of fairness and consistency- Fairness and consistency must be promoted through public consultation, transparency, and reconsideration of exclusions for specific sites.