The Supreme Court has made a significant ruling regarding the Places of Worship (Special Provisions) Act, 1991, by directing that no new lawsuits or proceedings related to the religious character of places of worship can be registered until the court has heard and disposed of the ongoing petitions challenging the constitutionality of the Act.
This decision comes amidst an ongoing case that is examining the legality of the law, which prevents changes to the religious nature of places of worship as they stood on August 15, 1947.
The Supreme Court's bench, which includes Chief Justice Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, issued the directive after hearing the petitions challenging the Act.
The court instructed trial courts across the country not to pass any orders or conduct surveys concerning the religious character of existing religious structures, especially in cases where their status is being disputed.
The ruling essentially halts any legal proceedings that could alter the status quo of these places of worship until the constitutional challenges are resolved.
One of the key elements under review by the court is the validity of specific provisions of the Places of Worship Act. Sections 2, 3, and 4 of the Act are being scrutinised for their role in preventing the conversion of religious sites and prohibiting any legal action regarding their status post-1947.
Petitioners argue that the Act limits the rights of Hindus, Jains, Buddhists, and Sikhs to reclaim or alter the status of religious sites that they believe were historically converted or appropriated.
They contend that this provision breaches their constitutional rights, particularly those guaranteed under Articles 25, 26, and 29, which ensure freedom of religion and the management of religious institutions.
During the proceedings, Chief Justice Sanjiv Khanna observed that the Union of India had yet to submit its counter-affidavit in response to the petitions challenging the Act. Solicitor General Tushar Mehta, representing the government, requested additional time to file the response.
The Supreme Court granted this request and instructed the government to submit its counter-affidavit within the next four weeks.
This decision from the Supreme Court is of great importance as it could have far-reaching consequences for several ongoing cases concerning the ownership and religious status of specific sites.
These include highly publicised disputes such as those involving the Gyanvapi Mosque in Varanasi, the Shahi Jama Masjid in Sambhal, the Shahi Eidgah Masjid in Mathura, and the Ajmer Dargah in Rajasthan.
Hindu plaintiffs in these cases are seeking legal recognition of their claims that these mosques were built over ancient Hindu temples, while Muslim parties argue that the Places of Worship Act bars any such challenges.
The outcome of this case has the potential to impact many such disputes across the country, as the Places of Worship Act is designed to prevent the alteration of the religious identity of any place of worship that existed in its current form in 1947.
It is seen as a law that aims to maintain communal harmony by preventing the reopening of old wounds related to religious conversions and claims of historical injustice.
The Supreme Court’s decision to stop any new lawsuits related to the religious character of places of worship, along with its directive to delay the passing of any final orders in pending cases, ensures that the legal landscape surrounding these sensitive issues remains stable while the court considers the broader constitutional questions at hand.
This ruling reflects the importance of careful deliberation on such complex and contentious matters that have the potential to affect the social fabric of the nation.
As the matter continues to be heard, the court’s order will likely serve as a key moment in the broader debate surrounding religious freedom, historical grievances, and the interpretation of laws designed to preserve the status of places of worship in India.
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