The group, represented by lawyer Atulesh Kumar, argues that this law violates fundamental rights, including the right to equality and freedom to practice religion. Specifically, the group is challenging Sections 3 and 4 of the Act.
![[BREAKING] Hindu Group Moves Supreme Court to Challenge 1991 Places of Worship Law](https://i0.wp.com/lawchakra.in/wp-content/uploads/2025/01/Places-of-worship-act.webp?resize=820%2C461&ssl=1)
NEW DELHI: Today (6th Jan): A Hindu group, the Akhil Bhartiya Sant Samiti, has approached the Supreme Court asking to intervene in the cases challenging the 1991 law. The law, known as the Places of Worship (Special Provisions) Act, 1991, mandates that the religious character of all places of worship must remain as it was on August 15, 1947.
The group, represented by lawyer Atulesh Kumar, argues that this law violates fundamental rights, including the right to equality and freedom to practice religion. Specifically, the group is challenging Sections 3 and 4 of the Act.
The 1991 law is designed to maintain the status quo of religious places, prohibiting any conversion of their religious character. It applies to all places of worship in India, but the famous dispute over the Ram Janmabhoomi-Babri Masjid in Ayodhya is excluded.
Section 3 of the law prevents the change of the religious character of any place of worship, while Section 4 prevents courts from hearing disputes regarding the religious character of such places.
The Hindu group’s fresh plea before the Supreme Court argues that these provisions of the law violate the fundamental rights of Hindus, Jains, Buddhists, and Sikhs. The group believes these communities have the right to reclaim sacred sites that were allegedly converted by “barbaric invaders.” The group claims that the 1991 law has allowed the religious character of many places to be changed, thereby infringing upon the rights of these communities.
The samiti, based in Vrindavan and Varanasi, believes the law undermines judicial authority. It claims that by preventing courts from reviewing disputes, the law violates the Constitution’s “basic structure.” According to the samiti, this law disregards historical injustices and denies communities the right to seek redress.
The group further contends that the retrospective cutoff date of August 15, 1947, in the law prevents Hindus, Jains, Buddhists, and Sikhs from reclaiming places of worship that they believe were originally theirs.
The samiti’s plea points to the law’s conflict with the constitutional rights of religious freedom. The group says the law violates the freedom of religion guaranteed under India’s Constitution. By making it impossible to reclaim or restore religious sites, the law infringes upon the religious rights of these communities.
“The Act prevents judicial review which is one of the fundamental aspects of the Constitution therefore violates the basic structure of the Constitution of India,” the plea says.
On December 12, 2024, a bench led by Chief Justice Sanjiv Khanna temporarily stayed any new lawsuits or orders in ongoing cases related to the conversion or reclaiming of religious places. The court’s order specifically applies to cases related to mosques and dargahs (Muslim shrines). The Supreme Court is currently hearing around six petitions that challenge the validity of the 1991 law.
Muslim organizations, such as Jamiat Ulama-i-Hind, have also filed pleas in the court, seeking stronger enforcement of the law. These organizations argue that the law is important for preserving communal harmony and maintaining the status of mosques, which some Hindu parties are seeking to reclaim by claiming that these sites were originally temples before being destroyed by invaders.
On January 2, 2025, the Supreme Court agreed to consider a new plea by Asaduddin Owaisi, the president of the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM), which demands a more effective implementation of the 1991 law. The court has ordered Owaisi’s plea to be combined with the ongoing petitions and set the next hearing for February 17, 2025.
The Supreme Court’s order on December 12, 2024, effectively stayed proceedings in about 18 lawsuits. These cases, filed by various Hindu groups, have sought surveys to determine the original religious character of mosques, including the Gyanvapi mosque in Varanasi, the Shahi Idgah mosque in Mathura, and the Shahi Jama Masjid in Sambhal. These cases have been controversial due to the claim by some Hindus that these mosques were originally temples.
Jamiat Ulama-i-Hind and other Muslim organizations are concerned that allowing these cases to move forward could stir up communal tensions. They have called for the strict enforcement of the 1991 law to preserve the current status of mosques and prevent any further disputes over religious sites.
Read Previous Hearings
[BREAKING] Places of Worship Act | ‘No Additional Suits Shall Be Registered Till We Hear & Dispose Of The Case’: CJI Sanjiv Khanna
[Mandir-Masjid Disputes] Fresh Petitions Filed in Supreme Court to Seek Vacation of Stay on Places of Worship Case
Supreme Court Over Survey of Religious Places: “Courts in Country Not to Entertain, Pass Orders on Suits Related to Religious Places”
