The Places of Worship (Special Provisions) Act, 1991, passed in India, has been recently highlighted in the news. The Solicitor General clarified to the Supreme Court that the Act’s validity may not be included in the five-judge Constitution bench’s decision in the Ayodhya case. This article aims to dissect and explain this crucial Act and its implications on Indian religious sites and their associated historical disputes.
Understanding the Places of Worship Act
The Places of Worship (Special Provisions) Act, 1991, primarily aims to maintain the religious stature of any place of worship as it was on August 15, 1947, and prohibit the conversion of such places. The dispute site at Ayodhya is explicitly excluded from this Act, allowing the trial to proceed despite the Act’s implementation. Along with Ayodhya, the Act also excludes any historical monument or archaeological site covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Penalties and Exemptions
Section 6 of the Act provides stringent punishments, including a maximum of three years imprisonment along with a fine for contravention of the Act’s provisions. The Act also accounted for settled lawsuits, disputes rectified by the involved parties, and conversions accepted before the Act came into force.
Criticism of the Act
The law has faced criticism for barring judicial review, which critics argue is a fundamental feature of the Constitution. Some contend that the Act imposes an “arbitrary irrational retrospective cutoff date,” and inhibits the religious rights of Hindus, Jains, Buddhists, and Sikhs. Supporters of these views believe the law violates the Principle of Secularism and restricts the judicial review power, potentially enabling unlawful activities.
Key Provisions of the Act
Among its critical features, Section 3 of the Act prohibits the conversion of any religious denomination’s place of worship into a place of worship for a different denomination. Section 4 lays out clear guidelines regarding the preservation of the religious character of places of worship as they were on August 15, 1947. The Act also disallows any lawsuit or legal proceedings concerning the conversion of any place of worship’s religious nature existing on the cutoff date.
Supreme Court’s Stance
In the landmark 2019 Ayodhya verdict, the Constitution bench referred to the Places of Worship Act, affirming that it demonstrates the secular values intrinsic to the Constitution and forbids any retrogression. Despite its shortcomings, the Act plays an integral role in preserving our secular values.
Interrogative Points for UPSC Civil Services Examination
This discussion may form the basis for questions in the upcoming UPSC examinations. Examinees might be asked about the basic structure of the Constitution of India and challenged to discuss the differences between Indian and western models of secularism. Further, they may be required to analyze challenges faced by our cultural practices in the name of Secularism. Candidates should revisit these topics and ensure they deeply understand the Act’s provisions and implications.
