Sacred Spaces and Legal Battles: The Places of Worship Act

The Supreme Court is all set to hear the petitions challenging the Places of Worship (Special Provisions) Act, 1991, following an extended period characterized by political maneuvering and legal uncertainty.

- DR. ALISHA VERMA & ADV. ANIKET NIKALJE

The forthcoming hearing, amidst unresolved historical claims and constitutional inquiries, has rekindled public interest in a statute that has mainly stayed dormant for almost thirty years. This law preserves the religious character of places of worship as on August 15, 1947.

Several petitions are currently pending before the Apex Court, some challenging Sections 2, 3, and 4 of the Act, while others for its strict enforcement. The Supreme Court of India refused to consider a fresh petition against the Places of Worship (Special Provisions) Act, 1991. The bench consisting of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, underscored the imprudence of multiple proceedings on the same matter and asked the intended to file an intervention application instead. Justice Khanna is not the first Chief Justice of India to address these cross petitions, one challenging the legality of the 1991 Act and the other demanding its implementation.

OBJECT OF THE ACT, 1991
The said Act came into existence following the Ayodhya movement. It was enacted by the Congress Government in response to the escalating Ram Janma Bhumi campaign. The movement experienced a vigorous campaign that incited violence. Certain groups advocated for the coercive conversion of places of worship. Mr. P.V. Narasimha Rao served as Prime Minister, while Mr. S.B. Chavan held the position of Home Minister. The Home Minister stated that this Bill is perceived as a means to uphold and cultivate our esteemed traditions of love, peace, and harmony. Tolerance for all faiths has characterized our great civilization since time immemorial. The Bill had strong resistance from the leaders of the Bhartiya Janata Party, who were in the resistance. In his opposition to the Bill, Mr. Ram Naik characterized it as the most egregious legislation.

WHAT IS THE ACT OF 1991?