Places of Worship (Special Provisions) Act, 1991

GS 2 – Governance  

The Places of Worship Act was introduced to preserve the religious character of all places of worship as they existed on August 15, 1947. It prohibits any alterations to their status and aims to uphold their original identity.

Aimed at promoting secularism, communal harmony, and upholding the rule of law.

Significance:

Prohibition of Conversion 

The Act strictly forbids the conversion of a place of worship, whether partially or fully, from one religious denomination to another or even within the same denomination.

Maintenance of Religious Character 

It mandates that the religious character of a place of worship must remain unchanged as it stood on August 15, 1947.

Termination of Pending Cases 

All legal cases or disputes related to the religious character of places of worship, initiated before August 15, 1947, are deemed to have abated. Furthermore, new cases of this nature cannot be filed.

Exceptions to the Act 

• Ayodhya Dispute: Excluded under Section 5, as legal proceedings were already ongoing in 1991.
• Archaeological Sites: Covered under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
• Conversion by Individuals: The Act does not cover individual conversions unrelated to religious character.
• It does not cover disputes resolved through mutual agreement, cases already adjudicated, or conversions completed before the Act was enacted.
• The Ram Janmabhoomi-Babri Masjid site in Ayodhya is explicitly excluded, along with its related legal proceedings.

Penalties (Section 6):

Violating the Act can result in penalties, including imprisonment for up to three years and fines.

Objectives of the Act

Preservation of Secularism: Aligns with the Indian Constitution’s secular ethos.

Communal Harmony: Prevents disputes and fosters peace among religious communities.

Rule of Law: Prohibits retroactive claims and historical grievances being used to alter religious structures.

Constitutional Provisions Referenced

Article 25–28: Freedom of religion and religious practices.

Article 51A(e): Fundamental duty to promote harmony and the spirit of common brotherhood.

Basic Structure Doctrine: Ensures secularism is upheld as part of the Constitution’s unalterable framework.

Controversies and Challenges

Criticism of Retrospective Cut-Off:

The 1947 cut-off date is viewed as arbitrary by some sections, ignoring pre-independence grievances.

Debate on Secularism:

Opponents argue that it stifles legitimate claims to reclaim places of worship.

Proponents uphold its necessity for preventing communal tensions.

Judicial Scrutiny:

Recently challenged in the Supreme Court for allegedly violating the right to equality and freedom of religion.

Selective Exemptions:

Ayodhya dispute exclusion raises questions of inconsistency in application.