Context:
Multiple parties moved the Supreme Court on the eve of a Special Bench hearing petitions challenging the validity of the Places of Worship Act, 1991, which preserves the character of religious places as they existed on August 15, 1947.
Places of Worship Act, 1991
- Passed on August 15, 1947 to “freeze” the status of any place of worship.
- Prohibits the conversion of any place of worship and, therefore, keeps intact its character.
- Disposes of pending litigation with regard to the conversion of the religious character of a place of worship before 15 August, 1947.
- Does not apply to ancient and historical monuments, archaeological sites and remains under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
- Punishment, maximum imprisonment term of three years and fines for violation under this Act.
Criticism of the Act
- No Judicial Review:
- Critics say that with the Act in force, the whole process of judicial review gets undermined.
- Arbitrary retrospective cut-off date:
- Critics argue that the date fails for ignoring historical injustice and denying remedy for encroachments prior to August 15, 1947.
- Violation of Right to Religion:
- It is said that it violates the religious rights of Hindus, Jains, Buddhists, and Sikhs.
- Violation of Secularism:
- One of the major complaints is that this Act is biased in favor of one community and, hence, illegal under the principle of equal treatment of religions in law.
Supreme Court on the Act
- It is described as legislative intervention preserving secularism and equal treatment for all religions.
- Future:
- In-depth study and coverage for judicial review, balancing religious character and rights of the community, to ensure transparency and fairness.
