The Supreme Court of India has issued a directive to halt any new lawsuits or surveys related to religious sites across the country until it concludes its hearings on the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. This decision underscores the critical role of the Act in maintaining the status quo of religious sites and its implications for several ongoing legal disputes.
Key Developments in the Case
The Supreme Court’s Bench, led by Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan, clarified that no lower court is permitted to entertain new cases or order surveys concerning religious properties. The Bench emphasized that no effective interim or final orders should be issued in pending cases involving religious disputes during this period.
The Central Government has been given four weeks to file its responses to a series of petitions challenging the Act, with opposing parties granted an additional four weeks to file rejoinders.
The Places of Worship (Special Provisions) Act, 1991
The 1991 Act was enacted to preserve the religious character of places of worship as they existed on August 15, 1947. It aims to prohibit any legal disputes or changes in the status of such sites, with the exception of the Ram Janmabhoomi site in Ayodhya, which was specifically exempted.
Key Provisions of the Act:
- It prohibits the conversion of a place of worship from one religious denomination to another.
- It bars any legal proceedings to change the religious character of a place of worship.
- Violators of the Act could face imprisonment and fines.
The Supreme Court is now assessing the constitutional validity, scope, and implications of this Act in light of the petitions filed against it.
Major Cases Affected
The court’s interim order directly impacts several high-profile cases currently under litigation, including disputes involving:
| Religious Site | Location | Claim |
| Gyanvapi Mosque | Varanasi, Uttar Pradesh | Allegedly built on the ruins of a Hindu temple. |
| Shahi Eidgah Mosque | Mathura, Uttar Pradesh | Claimed to be constructed over a Krishna Janmabhoomi site. |
| Shahi Jama Masjid | Sambhal, Uttar Pradesh | Controversy regarding its historical religious character. |
| Ajmer Dargah | Rajasthan | Legal disputes surrounding its heritage. |
These cases involve allegations by Hindu groups that several mosques were constructed on ancient temple sites. Muslim organizations, however, argue that such claims are barred by the Places of Worship Act.
Diverging Perspectives
Petitioners’ Arguments
Petitioners, including Bharatiya Janata Party (BJP) leader Ashwini Upadhyay, argue that the Act is unjust as it allows alleged illegal acts by past invaders to remain unchallenged. They contend that the law violates fundamental rights by restricting the right to legal recourse.
Opposing Views
On the other hand, organizations like the Jamiat Ulama-i-Hind maintain that the Act is vital for preserving communal harmony. They argue that targeting Islamic religious sites under the guise of historical corrections is unfair and destabilizing.
The Vishwa Bhadra Pujari Purohit Mahasangh and other Hindu groups have also intervened, further complicating the matter. The Supreme Court has allowed these interventions to ensure all perspectives are considered.
The Supreme Court’s Interim Measures
While granting the Central Government and other parties time to file responses, the Supreme Court emphasized the need for caution in the interim. “No other court shall pass specific directions for surveys or effective interim orders until we conclude this case,” the CJI remarked during the hearing.
The decision effectively suspends legal proceedings and new directives related to religious sites, providing a temporary reprieve from escalating tensions over religious disputes.
Implications of the Case
The ongoing hearings will have profound implications for the legal and social fabric of India:
- Legal Precedent: The Supreme Court’s decision will clarify the interpretation and applicability of the Places of Worship Act, potentially setting a precedent for similar cases in the future.
- Communal Harmony: The verdict could significantly influence communal relations in the country, as disputes over religious sites often trigger socio-political tensions.
- Historical and Cultural Heritage: The judgment will determine the extent to which historical grievances can be addressed within the modern legal framework.
Next Steps
The Supreme Court is expected to continue hearing the case in the coming months, with the final judgment likely to influence the course of numerous religious disputes across India.
| Key Information | Details |
| Act in Focus | Places of Worship (Special Provisions) Act, 1991 |
| Exemption in Act | Ram Janmabhoomi site in Ayodhya |
| Major Cases Affected | Gyanvapi Mosque, Shahi Eidgah Mosque, others |
| Key Petitioners | Ashwini Upadhyay, Vishwa Bhadra Pujari Purohit Mahasangh |
| Opposing Organizations | Jamiat Ulama-i-Hind, others |
| Bench | CJI Sanjiv Khanna, Justices PV Sanjay Kumar, KV Viswanathan |
| Government Response Deadline | 4 Weeks |
Disclaimer
This article is based on publicly available information and legal proceedings in the Supreme Court of India. While every effort has been made to ensure accuracy, readers are encouraged to independently verify details for their own understanding.
