Places Of Worship ACT:- All About It

On the day of 18th September 1991, the Indian Parliament passed the Places of Worship Act, 1991. The objective behind passing this legislation was to prohibit the conversion of a place of worship and to ensure the maintenance of the “religious character” any place of worship as it was on the day of 15th Aug, 1947. 

At present, there are discussions regarding this Act in the country and in the following article we shall discuss some of the important points regarding the Act. 

The Places of Worship Act, 1991- why was it enacted? 

During the early nineties at the peak of the Ram Janmabhoomi-Babri Masjid dispute, the Central Govt led by PV Narasimha, introduced the Places of Worship (Special Provisions) Act, 1991.  

The legislation prohibited the conversion as well as ensuring the maintenance of any place of worship as it was on August 15th, 1947.

While introducing the bill at the time, the then Home Minister SB Chavan mentioned that the legislation was enacted "in view of the controversies… which tend to vitiate the communal atmosphere."

• The controversial provisions of the Act of 1991:- 

1. Almost all the contentions regarding the Act are related to three sections,  Section 3, Section 4 and section 5. 
2. Section 3 provides that the act of ‘conversion’ of a place of worship from one religion to another or from a sect to another shall be criminal. 
3. Section 4 of the Act, stipulates the date of August 15th, 1947, as the deciding date for determining the nature of the place of worship. 
4. Section 5 of the Act, however excludes the application of the legislation to the Ram Janmabhoomi-Babri Masjid site.
5. Ironically, not long after the legislation was introduced, the incident of demolition of the disputed structure by the Kar Sewaks took place on December 6, 1992. 

• Why the validity of the Act of 1991 got challenged recently?

1. The Places of Worship Act was challenged after a few months had passed since  the SC gave its judgement on the Ram Temple title suit in the year 2019,  by petitioners who included BJP spokesperson as well as advocate Ashwini Kumar Upadhyay. 
2. In the petitions it was sought that Sections 3, 4 and 5 be declared as unconstitutional. The petitioners contended that the Act of 1991 bars the option of  judicial review as well as violating the basic structure of the Constitution. It was also contended that the legislation violates the right to freedom of religion as has been provided under Articles 25, 26 and 29. 

• Points in support of the Act of 1991-

1. The All India Muslim Personal Law Board, which could be termed as the apex body representing for Muslim interests in India, reasoned that no changes should be allowed by the Courts to a central law which is protecting religious places, as has been provided under the basic structure of the Constitution. 

• SC about similar cases to Ram Mandir Title Dispute-

1. The Five-Judge Bench during the Ram Mandir case observed that "law was a legislative instrument designed to protect the secular features of the Indian polity". 
2. While deciding the disputed land in the favour of Ram Lala Virajman, the Apex Court held that no similar cases could be entertained regarding other sites as per the Act of 1991.

• Why the sudden rise in ‘religious places’ litigations filed in the lower Courts ? 

1. Though the case challenging the Places of Worship Act are pending before the Apex Court, numerous civil suits have been filed in the lower courts around the country, contesting character of major religious places. 
2. Some of these petitions were filed after the favourable ruling by the Hon’ble SC on the Ram Mandir title suit.
3. In another petition filed in a Rajasthan Court recently, it has been claimed that the  Ajmer Sharif Dargah was originally a Shiva temple.
4. In another recent incident in Uttar Pradesh’s Sambhal, a Court has ordered the  Archaeological Survey of India (ASI) to conduct an inspection of the Shahi Jama Masjid. 
5. In a similar fashion, in the year 2023, a Varanasi Court ordered the ASI to initiate  “scientific investigation” of premises of the Gyanvapi Masjid.

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