The Supreme Court in India is set to examine the validity of the veridict issued by a civil court in Varanasi. The controversial order involves carrying out a videographic survey of the Maa Shringar Gauri Sthal located within the complex housing the Kashi Vishwanath temple and Gyanvapi mosque. Critics argue that this ruling potentially violates the provisions of The Places of Worship (Special Provisions) Act, 1991, which was upheld by Allahabad High Court.
Understanding The Places of Worship Act
The Places of Worship (Special Provisions) Act from 1991 was enacted with the aim to prevent the conversion of any place of worship from one religious denomination to another. It also guarantees the maintenance of the original religious character of any place of worship as it existed on August 15, 1947. Notably, the disputed site at Ayodhya was made exempt from this Act, which permitted the Ayodhya case trial to proceed even after the law’s enforcement.
Special Exemptions in the Act
The Act also specifies exemptions for other categories beyond the Ayodhya dispute. These include any place of worship that qualifies as an ancient and historical monument or an archaeological site as per the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The law further provides exceptions for suits that have been conclusively settled or disposed of, disputes that have been resolved by the concerned parties, or conversions of any place undertaken due to acquiescence prior the Act’s implementation.
Penalties Endorsed by the Act
To ensure adherence to its provisions, Section 6 of the Act outlines penalties for violations, which can range up to three years imprisonment along with a stipulated fine.
Criticisms of the Act
However, the Act has not been free of controversy, with critics asserting that it limits judicial review, a fundamental aspect of the Constitution. Some detractors also argue that the Act imposes an “arbitrary irrational retrospective cut-off date,” and restricts the religious rights of Hindus, Jains, Buddhists, and Sikhs.
Key Provisions of the Act
The Act is structured around several key provisions. Section 3 prohibits the conversion, in full or part, of a place of worship of any religious denomination into that of another. Section 4(1) maintains that the religious character of a place of worship “shall continue to be the same as it existed” on August 15, 1947. Section 4(2) rules out any fresh suit or legal proceedings about the conversion of any place of worship existing on August 15, 1947. However, suits, appeals, and legal proceedings relevant to conversions after the cut-off date are permissible. Section 5 explicitly states that the Act shall have no effect on the Ramjanmabhoomi-Babri Masjid case or any related suits, appeals, or proceedings.
The Supreme Court’s Opinion Amidst Ayodhya Judgement
In the landmark 2019 Ayodhya verdict, the Supreme Court recognized the law’s significance, citing it as a manifestation of the secular values embodied in the Constitution and as a shield against retrogression. Thus, the law was hailed as a legislative tool safeguarding the essential secular traits of the Indian polity, considered a cornerstone of the Indian Constitution.