Supreme Court to Hear Pleas on Places of Worship Act, 1991, on February 17
The Supreme Court of India is set to hear a series of petitions related to the Places of Worship (Special Provisions) Act, 1991, on February 17. According to the causelist uploaded on the apex court’s website, the case will be heard by a bench comprising Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan.
The 1991 Act was enacted to maintain the religious character of all places of worship as they existed on August 15, 1947. It strictly prohibits the conversion of any religious place from one faith to another. However, one significant exception to this law is the Ram Janmabhoomi-Babri Masjid dispute in Ayodhya, which was excluded from its jurisdiction.
Several petitions challenging the constitutional validity of certain provisions of the Places of Worship Act have been filed in the Supreme Court. Among these, one petition by AIMIM chief Asaduddin Owaisi, seeking the effective implementation of the Act, was taken up for consideration by the apex court on January 2.
Earlier, on December 12, 2023, a bench led by the Chief Justice of India issued an order restraining all lower courts from entertaining fresh lawsuits or passing interim or final orders in pending cases that sought to reclaim religious places, particularly mosques and dargahs. This directive halted legal proceedings in 18 lawsuits filed by various Hindu groups, who sought surveys to determine the original religious identity of certain mosques, including:
- Gyanvapi Mosque in Varanasi
- Shahi Idgah Masjid in Mathura
- Shahi Jama Masjid in Sambhal
The court’s order came in response to multiple petitions, including one filed by lawyer Ashwini Upadhyay, challenging various provisions of the Act.
The Supreme Court’s December 12 ruling directed that while new suits could be filed, they would not be registered or acted upon until further orders. The court also highlighted that the primary issue under scrutiny is the interpretation of Sections 3 and 4 of the 1991 Act, which cover:
- Section 3: Prohibits the conversion of any place of worship from one religious denomination to another.
- Section 4: Declares the religious character of places of worship as of August 15, 1947, and bars courts from changing or questioning their status.
Several Hindu organizations and petitioners have challenged the constitutional validity of the law, arguing that it prevents them from reclaiming temples that were allegedly demolished or repurposed as mosques during historical invasions.
Conversely, multiple Muslim parties, including the Gyanvapi mosque management committee, have approached the Supreme Court in opposition to these petitions. They argue that enforcing the 1991 law is crucial for communal harmony, and preserving the status quo of mosques is essential to prevent sectarian conflicts.
The mosque management committee has also pointed to various historically disputed religious sites, such as:
- Shahi Idgah Masjid in Mathura
- Quwwat-ul-Islam Masjid near Delhi’s Qutub Minar
- Kamal Maula Mosque in Madhya Pradesh
With the Supreme Court now set to hear these matters on February 17, the case is expected to have far-reaching implications on religious disputes in India. The outcome could shape the legal framework surrounding historical religious claims, potentially influencing future litigations on similar temple-mosque disputes across the country.
