The Communist Party of India (Marxist-Leninist) Liberation has filed an intervention application in the Supreme Court opposing petitions challenging the Places of Worship (Special Provisions) Act, 1991. This Act protects the status of religious structures as of August 15, 1947. The Supreme Court’s future decision will significantly influence ongoing religious disputes in India.
New Delhi: The Communist Party of India (Marxist-Leninist) Liberation [CPIML] has moved the Supreme Court, opposing petitions that challenge the Places of Worship (Special Provisions) Act, 1991.
On Friday, CPI(ML) filed an intervention application in the Supreme Court in the pending public interest litigation (PIL) that seeks to invalidate the Act. Earlier, political groups like the Congress Party, Jamiat Ulama-I-Hind, and AIMIM leader Asaduddin Owaisi had also filed intervention pleas in the matter.
The Places of Worship Act, 1991 was enacted to protect the status of all religious structures as they stood on August 15, 1947. It bars courts from entertaining cases that dispute the character of religious places. The law also nullifies all pending cases related to religious disputes, except for the Ram Janmabhoomi site in Ayodhya, which was specifically exempted.
In 2019, the Supreme Court upheld this Act while awarding the disputed Ayodhya land to Ram Lalla. The Court had reaffirmed that no other similar disputes could be entertained due to the Act.
Following this ruling, several Hindu organizations and leaders challenged the Act’s validity, arguing that it prevents legal recourse for Hindus, Jains, Buddhists, and Sikhs whose religious places were taken over by invaders. Among them is BJP leader Ashwini Upadhyay, who petitioned the apex court in 2021, arguing that the Act “protects illegal acts of invaders” by preventing aggrieved parties from seeking justice.
In December 2024, while hearing these challenges, the Supreme Court directed trial courts across the country to halt any surveys or substantive orders on cases challenging the religious identity of existing structures.
Despite the Act, at least 18 suits are pending before various courts, with Hindu parties claiming that several mosques were built over ancient temples. These include:
- Gyanvapi Mosque in Varanasi
- Shahi Eidgah Masjid in Mathura
- Shahi Jama Masjid in Sambhal
- Ajmer Dargah in Rajasthan
Muslim groups argue that these claims violate the Places of Worship Act, urging courts to dismiss them.
With CPI(ML) now joining the legal battle in favor of the Act, the Supreme Court’s final decision will have a significant impact on religious disputes in India.
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