The recent Ayodhya verdict by the Supreme Court has brought into focus a significant piece of legislation, the Places of Worship (Special Provisions) Act, 1991. The Act, which restricts the conversion of religious places of worship that existed at the time of Independence, was referenced in the court’s ruling, highlighting its importance in preserving India’s diverse religious heritage.
Background and Significance of the Act
Enacted in September 1991, over a year before the controversial demolition of the Babri Masjid in December 1992, the Places of Worship (Special Provisions) Act holds major significance in India’s constitutional and secular fabric. The law was formulated with the objective to maintain peace, harmony, and the religious character of places of worship as they were at the time of India gaining independence.
Purpose: Preserving Religious Character
The Act’s Section 3 explicitly bans the conversion of a place of worship or any part therein to another religious denomination or to another segment within the same religion. This law extends beyond merely prohibiting changes and imposes a positive obligation on the State to ensure the preservation of every place of worship as it existed at the dawn of India’s independence. This state responsibility is a key secular attribute and an integral feature of the Indian Constitution.
Exemptions: Ayodhya and Archaeological Sites
Contrary to many assumptions, the disputed site at Ayodhya was notably exempted from this Act. This exemption allowed the Ayodhya case to proceed even after this law came into effect. Moreover, the Act does not cover any place of worship declared as an ancient or historical monument or an archaeological site under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
| Places of Worship Act, 1991 | Ancient Monuments Act, 1958 |
|---|---|
| Preserves religious character of places as at independence | Covers ancient and historical monuments, archaeological sites |
| Ayodhya site exempted | No specific exemptions mentioned |
| Imposes positive obligation on State | Guides State on preservation and protection |
Penalty: Implications for Infractions
The law is not without teeth, with Section 6 of the Act prescribing a penalty for any breach of its provisions. Offenders face a maximum punishment of three years’ imprisonment along with a monetary fine, demonstrating the importance of abiding by this Act. The implementation of these penalties underscores the government’s resolve to maintain religious harmony and respect for the sanctity of all faiths in the country.
