Places of Worship Act 1991: The Supreme Court has granted more time to the Central government to respond to the batch of petitions challenging certain provisions of the Places of Worship Act, 1991.
The provisions of the law prohibit the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.
Arguments by the Petitioners:
The law has been challenged on the ground that it bars judicial review, which is a basic feature of the Constitution.
The petitioners argued that the law imposes an “arbitrary irrational retrospective cutoff date” and takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their ‘places of worship and pilgrimages’, destroyed by invaders.
It is described as “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected therewith or incidental thereto.”
Enactment
The act was passed by the Parliament and enacted into law in 1991 during the peak of the Ram Janmabhoomi movement.
The Act was brought by Prime Minister P V Narasimha Rao at a time when the Babri Masjid was still standing.
Major Provisions
Section 3 of the Act: It bars the conversion, in full or part, of a place of worship of any religious denomination into a place of worship of a different religious denomination, or even a different segment of the same religious denomination.
Section 4(1): Declares that the religious character of a place of worship shall continue to be the same as it existed on August 15, 1947.
Section 4(2): Any suit or legal proceeding with respect to the conversion of the religious character of any place of worship existing on August 15, 1947, pending before any court, shall abate — and no fresh suit or legal proceedings shall be instituted.
Section 5: The Act shall not apply to the Ram Janmabhoomi-Babri Masjid case, and to any suit, appeal or proceeding relating to it.
Section 6: It prescribes a punishment of a maximum of three-years imprisonment along with a fine for contravening the provisions of the Act.
Exemptions
Ram Janmabhoomi-Babri Masjid: Under Section 5 of the Act, it does not apply to Ram Janmabhoomi-Babri Masjid situated in Ayodhya (Uttar Pradesh) and to any suit, appeal or other proceeding relating to it.
Historical Monument: Any place of worship that is an ancient and historical monument or an archaeological site, or is covered by the Ancient Monuments and Archaeological Sites and Remains Act, of 1958.
Any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.
A suit that has been finally settled or disposed of.
Criticism
The act has been criticized as the judicial review, which is a basic feature of the constitution, is barred.
It is opined that this abridges the right to religion of other groups like Hindus, Jains, Buddhists, and Sikhs.
The principle of secularism embodied by the preamble and constitution is seen as a violation due to this act.
It is also contended that “pilgrimage sites” or “burial grounds” are covered by the State List and that the center was therefore powerless to enact regulations in this area.
However, the center had maintained that Entry 97 of the Union List’s residuary power allowed it to do so.
The Supreme Court’s views on the Act
The 2019 Ayodhya Verdict: In the 2019 Ayodhya verdict, the Constitution Bench referred to the law and said it manifests the secular values of the Constitution and prohibits retrogression.
The law is hence a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution.
Ans. The Places of Worship Act prohibits the conversion of any place of worship and also provides for the preservation of that place’s religious character as it was on August 15, 1947, and dealing with matters related to or incidental thereto.
Q. What are the Places of Worship Act India?
Ans. The Government of India passed the Places of Worship (Special Provisions) Act in 1991. It aimed to forbid conversion and guarantee the preservation of all places of worship’s religious identity as it existed on August 15, 1947.
Q. What was the object of worship act?
Ans. The Act was introduced to encourage fraternity, harmony, and peace. The Act’s primary goal is to preserve any such place’s religious character as it existed on August 15, 1947. (at the time of Independence).
Q. What does mean the places of worship?
Ans. The term “place of worship” refers to any temple, mosque, gurudwara, church, monastery, or other places of public religious worship, regardless of the name by which it is known.
Q. Who made the place of worship Act 1991?
Ans. The Places of Worship (Special Provisions) Act was introduced in 1991, when the Ram Janmabhoomi movement was at its zenith, by the P.V. Narasimha Rao-led government in an effort to reduce simmering inter-communal conflict in the country.
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FAQs
What do the Places of Worship Act protect?
The Places of Worship Act prohibits the conversion of any place of worship and also provides for the preservation of that place's religious character as it was on August 15, 1947, and dealing with matters related to or incidental thereto.
What are the Places of Worship Act India?
The Government of India passed the Places of Worship (Special Provisions) Act in 1991. It aimed to forbid conversion and guarantee the preservation of all places of worship's religious identity as it existed on August 15, 1947.
What was the object of worship act?
The Act was introduced to encourage fraternity, harmony, and peace. The Act's primary goal is to preserve any such place's religious character as it existed on August 15, 1947. (at the time of Independence).
What does mean the places of worship?
The term "place of worship" refers to any temple, mosque, gurudwara, church, monastery, or other places of public religious worship, regardless of the name by which it is known.
Who made the place of worship Act 1991?
The Places of Worship (Special Provisions) Act was introduced in 1991, when the Ram Janmabhoomi movement was at its zenith, by the P.V. Narasimha Rao-led government in an effort to reduce simmering inter-communal conflict in the country.
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