PLACES
OF WORSHIP ACT : POLITY /GOVERNANCE
NEWS: Ayodhya verdict likely
to be in frontlines of the battle for Places of Worship Act in SC
WHAT’S
IN THE NEWS ?
The Supreme Court's 2019 Ram Janmabhoomi
judgment emphasized the importance of the Places of Worship Act, 1991, which
preserves the religious character of places of worship as of August 15, 1947.
The validity of this Act is currently challenged in courts, with petitions
questioning its impact on reclaiming alleged historical sites.
Places
of Worship Act and the Ram Janmabhoomi Case Judgment
1.
Background of the Places of Worship Act, 1991
- Enacted to
maintain the religious character of places of worship as they stood on August 15, 1947, ensuring
religious harmony and preventing communal discord.
- It bars any legal
claims to change the religious character of any place of worship, except
the Ayodhya Ram Janmabhoomi site, which was exempted as legal proceedings
were ongoing at the time.
- Exceptions
include sites governed under laws related to ancient monuments or
archaeological significance, cases resolved or decided before the
enactment, changes by mutual agreement before the Act's commencement, and
cases where the cause of action is barred by the statute of limitations.
2.
The Ayodhya Judgment and Its Observations
- In 2019, the Supreme Court awarded the disputed
Babri Masjid site to the Hindu side while emphasizing the importance of
the Places of Worship
Act for maintaining
secularism.
- Observed that
secularism mandates the state and citizens to protect religious harmony
(Article 51A) and that historical wrongs must not disturb societal
harmony.
3.
Current Legal Challenges to the Act
- Multiple
petitions filed in courts assert the Act hinders the reclamation of
temples allegedly destroyed during the Mughal era.
- Legal battles
over the character of the Gyanvapi mosque in Uttar Pradesh set a precedent
for questioning the Act's provisions.
4.
Constitutional Bench's Viewpoints
- The Kesavananda Bharati case (1973) and S.R. Bommai case (1994) upheld
secularism as a basic feature of the Constitution.
- Equal treatment
of all religions underpins India’s secular ethos.
- Highlighted
immunity of places of worship, including mosques, from acquisition under
the secular fabric of the Constitution.
5.
Legal and Political Implications
- The Act
safeguards communal harmony and embodies the secular character of the
Constitution.
- Challenges to the
Act may lead to increased tensions and legal scrutiny of various religious
sites.
- The Supreme
Court's upcoming hearing on December 12, 2024, will clarify the scope and
validity of the Act.
6.
Historical Context and Precedents
- Earlier rulings
had equated the status of mosques with that of other religious places like
temples and churches.
- Highlighted the
constitutional mandate of equal treatment to all religions.
Source
: https://www.thehindu.com/news/national/ayodhya-verdict-likely-to-be-in-frontlines-of-the-battle-for-places-of-worship-act-in-sc/article68962538.ece