A three-judge bench of the Supreme Court is set to hear a batch of pleas on December 12 challenging the validity of the Places of Worship Act, which mandates maintaining the status quo of all places of worship as existed on August 15, 1947. The Chief Justice of India (CJI), Sanjiv Khanna, has constituted a special three-judge bench–comprising himself, Justice Sanjay Kumar, and Justice KV Vishwanathan–to hear the case, which has been pending before the court since 2020.
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NEW DELHI: The Supreme Court of India is set to deliberate on a pivotal legal issue on December 12, as a three-judge bench takes up a batch of pleas challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991.
This Act mandates that all places of worship must retain the same status as they held on August 15, 1947, thereby prohibiting any alteration to their religious character and barring legal disputes over such changes.
Special Bench Constituted by the Chief Justice of India
Chief Justice of India Sanjiv Khanna has formed a special bench comprising himself, Justice Sanjay Kumar, and Justice KV Vishwanathan to preside over the case.
The matter, pending before the apex court since 2020, has garnered significant public and legal attention due to its potential implications for religious harmony and constitutional law.
Overview of the Places of Worship Act
The Places of Worship Act aims to preserve the status quo of religious structures as they stood during India’s independence on August 15, 1947. It explicitly prohibits converting any place of worship to a different religion and nullifies legal proceedings related to such conversions.
However, the Act does not apply to the disputed site in Ayodhya, which was specifically exempted to facilitate resolution of the Ram Janmabhoomi-Babri Masjid dispute.
This legislation has come under the spotlight in recent years, particularly in connection with disputes like the Gyanvapi-Kashi Vishwanath temple issue.
The ongoing debate has seen arguments both for and against the Act, highlighting its complex implications for India’s secular framework.
Petitions Challenging the Act
One of the leading petitions, filed by BJP leader Ashwini Kumar Upadhyay, contests the constitutionality of Sections 2, 3, and 4 of the Act. The petition claims that these provisions violate fundamental constitutional principles, including the right to equality and the secular nature of the Indian state.
It argues that the Act prevents judicial remedies for alleged “barbaric acts” of the past, leaving communities without a legal mechanism to address historical grievances.
Another plea, submitted by the Vishwa Bhadra Pujari Purohit Mahasangh, alleges that the Act impinges upon the rights of Hindu devotees to reclaim and seek redress for encroached religious sites.
Similarly, BJP leader Subramanian Swamy asserts that the Act restricts Hindus’ ability to practice their faith freely by denying access to temples impacted by historical invasions and conversions.
Support for the Act and Calls for Enforcement
Amid these challenges, there are voices advocating for the enforcement of the Act. Organizations like the Jamiat Ulema-i-Hind, representing Muslim scholars, have sought directions from the court to uphold the law’s provisions.
Additionally, the Gyanvapi Mosque Committee has filed an application to intervene in the proceedings, underscoring its stake in the matter.
The Committee of Management Anjuman Intezamia Masajid Varanasi, which oversees the Gyanvapi Mosque, has contended that the mosque has been subjected to a series of “cleverly drafted suits” aimed at altering its status.
It insists that its position as a stakeholder is critical to the court’s deliberations on the validity of the Act.
Delays in the Central Government’s Response
The Supreme Court first issued a notice to the Union government in March 2021, seeking its stance on the Act’s validity.
Since then, the case has seen numerous notices and the consolidation of related pleas for a comprehensive hearing.
Despite these developments, the Centre has yet to file its counter-affidavit, with the last order from November 30, 2022, noting this delay.
Significance of the Upcoming Hearing
The upcoming hearing on December 12 holds significant implications for India’s legal and secular framework. It will address not only the constitutional validity of the Act but also broader questions about the balance between historical grievances, religious harmony, and the rule of law.
The case underscores the delicate interplay of constitutional principles and social realities in a diverse country like India.
As the Supreme Court prepares to address these contentious issues, the outcome could shape the future discourse on religious and constitutional rights in the nation.
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