Places of Worship Act, 1991: Supreme Court Declines Fresh Pleas

Background

• The Places of Worship (Special Provisions) Act, 1991, was enacted by the Indian Parliament to uphold the secular fabric of the country and prevent religious disputes over places of worship.
• Introduced during Prime Minister P.V. During Narasimha Rao’s tenure, the law came in the backdrop of the Babri Masjid-Ram Janmabhoomi dispute.

Key Objectives of the Act

• Maintain Communal Harmony: Prevent new religious disputes and promote peace among different religious communities.
• Protect Religious Character: Ensure that the identity of a place of worship remains unchanged from August 15, 1947 (India’s Independence Day).
• Prohibit Religious Conversions of Worship Sites: Forbids the transformation of any place of worship from one religion to another.

Important Provisions of the Act

Status Quo as of August 15, 1947

• Section 3: Prohibits conversion of any religious place into another religion’s place of worship.
• Section 4(1): Mandates that the religious character of places of worship as of August 15, 1947, shall remain unchanged.

Prohibition of Legal Claims for Change

• Section 4(2): Terminates all legal disputes regarding the conversion of religious places that were pending before August 15, 1947.
• Bars new legal cases from being filed for conversion of religious sites.

Exceptions to the Act

The Act does not apply to:

• Ram Janmabhoomi-Babri Masjid dispute: This case was already in court before the Act was enacted and was explicitly exempted under Section 5.
• Ancient and Historical Monuments: Places of worship protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
• Court Settlements Prior to 1947: If a dispute was settled before August 15, 1947, the Act does not interfere.
• Religious Conversions by Individual Will: The Act does not prevent individuals from converting to another religion but only protects religious sites.

Recent Developments

• A Supreme Court bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar has dismissed new petitions challenging the Act’s validity.
• The judges expressed concerns over the continuous influx of fresh pleas, making it difficult to manage the case effectively.
• The Court ruled that pending writ petitions would be dismissed without notices, allowing applications only if they raise new legal issues not previously addressed.