Supreme Court To Determine Fate Of Places Of Worship Act: Key Implications
New Delhi: Amid tensions and chaos in connection with back to back claims by Hindutva groups over Mosques, the Supreme Court is set to hear a bunch of Public Interest Litigations (PILs) today challenging the validity of sections of the Places of Worship (Special Provisions) Act, 1991. Prohibiting conversion of any place of worship and maintaining the religious character, the Act has been protecting such places declaring them as it existed on August 14, 1947.
The petition filed by Ashwini Kumar Upadhyay is seeking to invalidate section 2, 3, and 4 of the Places of Worship Act. While section 2 criminalises conversion of a place of worship for one religion or sect into another, section 3 declares that the character of a place of worship will be determined as it was on August 15th 1947. The petitions have claimed that these provisions deny individuals and religious group’s right to judicial remedies to reclaim places of worship.
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The case will be heard by a three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan, The petitions have asked the court to review certain provisions to permit Hindus to stake claims over disputed sites like the Gyanvapi Mosque in Varanasi and the Shahi Idgah Mosque in Mathura.
Defending the Places of Worship Act, the Communist Party of India (Marxist) and Maharashtra MLA Jitendra Satish Awhad has argued that the act is essential for maintaining public order, unity, fraternity, and secularism in the country. The minorities have been invoking the Act to counter the Hindutva group’s claims over Masjids and other revered religions sites in the country.
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Notably, the hearing happens at a time when Hindutva groups have been claiming one after another religious sites including the globally known Ajmer Dargah and Delhi Jama Masjid, fueling fears of potential communally polarised atmosphere in the country. The Supreme Court had halted the survey of the Sambhal Masjid following the clash between the protesters and the police that witnessed at least five youth losing their lives. The authorities since denied entry to the violence-hit district as tension remain high.
However, with the court set to determine on the pleas challenging the Act, the top court’s decision will have significant implications for the secular nature and communal harmony in the country, especially at a time when tensions are being fueled over religions sites
