Congress leaders Alok Sharma and Priya Mishra have petitioned the Supreme Court to bar courts from allowing surveys of religious sites, citing the Place of Worship Act of 1991. The petition seeks to uphold the Act’s provisions regarding religious structures’ status as of August 15, 1947, amid ongoing communal tensions and legal challenges surrounding it.
New Delhi: In a significant move, Congress leaders Alok Sharma and Priya Mishra have petitioned the Supreme Court seeking a directive to prevent courts across the country from entertaining pleas for surveys of religious shrines. The petition highlights concerns over the ongoing disputes related to religious structures and the sanctity of the Place of Worship (Special Provisions) Act, 1991.
The petition urges the apex court to ensure compliance with the Place of Worship Act, 1991, which mandates maintaining the status of all religious places as they existed on August 15, 1947. Specifically, the petitioners asked states to refrain from executing court orders that contravene the provisions of the Act by directing surveys of mosques and other religious structures.
The plea also questions the validity of court-ordered surveys at key religious sites, including:
- The Gyanvapi Mosque in Varanasi
- Religious sites in Mathura, Ajmer Sharif, Dhar (Madhya Pradesh), and Sambhal (Uttar Pradesh)
This issue traces back to a July 11, 2023, hearing where the Supreme Court declined to impose a blanket stay on proceedings related to religious places, citing the need for case-specific evaluations. The Court reiterated that the 1991 Act remains in force and is integral to preserving communal harmony.
On October 13, 2023, the Court clarified that whether a suit for the right to worship is barred under the 1991 Act would depend on the character and status of the structure as on August 15, 1947.
The Place of Worship Act has been challenged by several petitioners, alleging it denies Hindus, Jains, Buddhists, and Sikhs the right to restore places of worship destroyed by historical invaders. While the Act is crucial for maintaining religious status quo, the Supreme Court has granted the Union government additional time to clarify its position on these challenges.
The petitioners emphasized the need to halt surveys that could lead to increased communal tensions. “We seek to uphold the sanctity of the 1991 Act and ensure no actions contravene its principles,” stated a lawyer representing the petitioners.
The matter underscores the ongoing debate over balancing historical grievances with the need to preserve communal harmony and legal consistency across the country.
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