The Places of Worship (Special Provisions) Act was passed in 1991 and has recently surfaced in news due to an upcoming review by the Supreme Court of India. This crucial act was designed to maintain the religious character of places of worship across India as they stood on August 15, 1947, effectively banning any alterations or conversions post that date. The Centre has been given until October 31, 2023, to elucidate its stance on the validity of this Act.
Major Provisions of the Act
Key components of this Act include a prohibition on the conversion of any place of worship from one religious denomination to another (Section 3), maintaining the religious identity of a place of worship as it was on August 15, 1947 (Section 4(1)), and terminating any ongoing legal proceedings concerning such conversions before the mentioned date (Section 4(2)).
The act, however, does not apply to monuments, archaeological sites, and remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958. It also excludes cases that have already been resolved or disputes settled by mutual agreement or those conversions made before the Act came into effect (Section 5).
Penalties for Violating the Act
For those failing to adhere to the rules of this Act, penalties are imposed, including a maximum imprisonment term of three years and fines (Section 6).
Critiques of the Act
Despite its noble endeavour to preserve religious harmony and equality, the Act has faced criticism from various fronts. Critics argue that by preventing judicial review, the Act disrupts the constitutional checks and balances system and limits the judiciary’s role in protecting constitutional rights.
Critics also question the Act’s use of an arbitrary cut-off date, Independence Day 1947, arguing that it overlooks historical injustices and denies redressal for encroachments before that date. Additionally, opponents claim that the Act infringes upon the religious rights of Hindus, Jains, Buddhists, and Sikhs by restricting their ability to reclaim and restore their places of worship, curtailing their freedom to practice their religion.
Moreover, the principle of secularism, a core aspect of the Constitution, is alleged to be violated by this Act as it supposedly favours one community over others. The specific exclusion of the land involved in the Ayodhya dispute from the Act’s purview has drawn sharp criticism, raising concerns about the unequal treatment of religious sites.
Supreme Court’s Perspective on the Act
Despite the criticisms, the Supreme Court of India views the Places of Worship Act as an important legislative intervention upholding the commitment to secularism, a fundamental aspect of the Indian Constitution. The Act enforces the constitutional obligation of the State to ensure equality among all religions and guarantees the preservation of places of worship for every religious community.
Suggestions for Improvement
Going forward, a comprehensive review of the Places of Worship Act is necessary to address its criticisms and apparent shortcomings. It’s vital to ensure that the Act does not limit judicial review, thereby preserving the Judiciary’s role in safeguarding constitutional rights. Further, striking a balance between preserving religious character and respecting the rights of different communities is crucial.
Public consultation and transparency, coupled with the reassessment of the exclusion of specific sites, can herald improvements towards maintaining fairness and consistency within the Act. Turnaround strategies must focus on retaining the Act’s primary objective while addressing its critics’ concerns.