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