Places of Worship Act, 1991
Context
The Supreme Court is set to hear petitions challenging the validity of the Places of Worship Act, 1991.
Relevance:
GS-02 (Government policies and interventions)
Key Provisions of the Places of Worship Act, 1991
- Purpose of the Act: The act prohibits the conversion of any place of worship and ensures the preserve its religious character as it existed.
- Significance of August 15, 1947: The act declares that the religious nature of any place of worship must remain as it was on this date.
- Prohibition on Conversion: The act ensures to protect places of worship from being converted to one religious denomination into another.
Exemptions Under the Act
- Ayodhya Case: The Act excluded the disputed site at Ayodhya, allowing legal proceedings in the case to continue despite the law’s enforcement.
- Historical and Archaeological Sites: Places covered under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, are exempted.
- Settled Disputes: Suits or disputes that were resolved or settled before the law came into force.
- Conversions by Agreement: Any changes to a place of worship agreed upon by the parties involved before the Act’s enactment.
Criticisms of the Act
- Judicial Review Restricted: Critics argue the Act prevents judicial review, which is a fundamental aspect of the Constitution and undermines the judiciary’s role in protecting the constitutional rights.
- Cutoff Date Controversy: The retrospective cutoff date of August 15, 1947, is seen as arbitrary and irrational.
- Impact on Religious Rights: Hindus, Jains, Buddhists, and Sikhs claim the law restricts their right to religious practices and beliefs.
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