The Places of Worship (Special Provisions) Act, 1991 freezes the religious character of every place of worship in India as it stood on 15 August 1947, bars its conversion from one religious denomination to another, and abates pending suits over such conversions – with the Ram Janmabhoomi-Babri Masjid site as its one express exception.
Context
- Petitions challenging the Act’s validity (led by Ashwini Upadhyay, 2020) came before a Special Bench of the Supreme Court in December 2024, while suits over mosques at Gyanvapi (Varanasi), Mathura and Sambhal sought surveys to establish their pre-1947 character.
- On 12 December 2024 the Supreme Court ordered that no new suits be registered and no effective or final orders, including survey orders, be passed in pending suits until it decides the challenge to the Act.
What the Act Says
- Enacted in September 1991 by Parliament during the Ram Janmabhoomi movement, under the P. V. Narasimha Rao government.
- Section 3: prohibits converting a place of worship of one religious denomination, or a section of it, into a place of worship of another denomination or section.
- Section 4(1): declares that the religious character of a place of worship shall be the same as it existed on 15 August 1947.
- Section 4(2): abates any pending suit or proceeding about conversion of religious character, and bars fresh ones.
- Section 5: the Act does not apply to the Ram Janmabhoomi-Babri Masjid site at Ayodhya.
- Section 6: violation is punishable with imprisonment of up to three years and a fine.
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Exceptions
- Ancient and historical monuments and archaeological sites covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
- Suits already finally decided or settled, and conversions settled by acquiescence, before the Act commenced.
- The Ayodhya dispute, expressly excluded under Section 5.
The Supreme Court's View
- In the Ayodhya judgment (November 2019) a Constitution Bench described the Act as a legislative instrument to protect secularism and the principle of non-retrogression – a basic feature of the Constitution.
- In the Gyanvapi matter (2022) the Court observed that ascertaining the religious character of a place may not be barred by the Act, which encouraged new suits – the trend the December 2024 order paused.
Criticism and Defence
- Critics argue: the 1947 cut-off is arbitrary, it denies judicial remedy for historical wrongs, it takes away the right to judicial review, and it discriminates by exempting only Ayodhya.
- Supporters argue: it prevents reopening of centuries-old disputes, protects communal peace and is consistent with secularism, equality and the rule of law; Parliament may legislate to preserve public order.
Important Facts for Examsmost asked
- Places of Worship (Special Provisions) Act enacted in 1991; cut-off date 15 August 1947.
- Section 3 bars conversion; Section 4 freezes religious character and abates suits; Section 5 exempts Ayodhya; Section 6 – up to three years’ imprisonment.
- Does not apply to monuments under the AMASR Act, 1958.
- Ayodhya judgment 2019: the Act protects secularism and non-retrogression.
- Supreme Court order of 12 December 2024: no new suits and no effective orders in pending suits until the challenge is decided.
FAQs
Does the Act stop courts from examining the history of a mosque?
The 2022 Gyanvapi observation suggested that finding out the character of a place is not barred, but the December 2024 order stopped surveys and new suits until the Act’s validity is settled.
Why was Ayodhya excluded?
Because the dispute was already in litigation when the Act was passed; Parliament left it to the courts, which decided it in 2019.
Why is this Act asked in exams?
It is a frequent polity and current-affairs topic; the year, the cut-off date, the sections and the 2019 and 2024 Supreme Court positions are standard questions.
