Places of Worship Act, 1991, Major Provisions, Validity and Criticism

The Places of Worship Act was implemented to preserve the established status of religious places of worship as of August 15, 1947. This legislation prohibits the conversion of any place of worship and is designed to safeguard the religious character of such locations, ensuring their maintenance in their original form.

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What is the Places of Worship Act, 1991?

The Places of Worship (Special Provisions) Act, 1991 in India freezes the religious status quo of places of worship as of August 15, 1947. It prohibits conversion or alteration of the religious character of any place of worship from that date.
The legislation allows routine maintenance and repair but strictly prohibits legal actions seeking to change the religious nature of these places. Enacted to manage communal tensions and preserve harmony, the law strikes a balance between religious freedom and the imperative to maintain the historical religious character of places of worship in India, stemming from the country’s independence era.

Major Provisions of Places of Worship Act

Key Provisions of the Places of Worship Act:

• Prohibition of Conversion (Section 3): The Act prohibits the conversion of a place of worship, either wholly or partially, from one religious denomination to another or within the same denomination.
• Maintenance of Religious Character (Section 4(1)): It ensures that the religious identity of a place of worship remains unchanged, preserving its character as it existed on August 15, 1947.
• Abatement of Pending Cases (Section 4(2)): The Act mandates the termination of ongoing legal proceedings related to the conversion of a place of worship’s religious character before August 15, 1947. It also prohibits the initiation of new cases in this regard.
• Exceptions to the Act (Section 5):

• • The Act does not apply to ancient and historical monuments, archaeological sites, and remains governed by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
  • Exempts cases that have already been settled or resolved and disputes that have been mutually agreed upon or conversions that occurred before the Act’s enforcement.
  • The Act does not cover the specific place of worship known as Ram Janmabhoomi-Babri Masjid in Ayodhya, including any associated legal proceedings.

• Penalties (Section 6): The Act specifies penalties, including a maximum imprisonment term of three years and fines, for any violations of its provisions.

Validity of Places of Worship Act

The Places of Worship (Special Provisions) Act, 1991 is still operational, despite challenges to its constitutional validity. The Act states that the nature of all places of worship, except the Ram Janmabhoomi–Babri Masjid in Ayodhya, shall be maintained as it was on August 15, 1947.

The Supreme Court views the Places of Worship Act as a legislative intervention that upholds the commitment to secularism. The Act enforces the constitutional obligation of the State to ensure equality among all religions.

The Act allows for the conversion of a place of worship from one religious denomination to another. It applies to ancient and historical monuments covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The Act states that whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

Criticism of Places of Worship Act

Bar on Judicial Review:

• Detractors claim the Act’s prohibition on judicial review weakens constitutional checks and balances, diminishing the judiciary’s role in protecting rights.

Arbitrary Retrospective Cutoff Date:

• Critics highlight the Act’s reliance on an arbitrary date, Independence Day in 1947, as problematic. They argue it neglects historical injustices and denies redress for pre-1947 encroachments.

Violation of the Right to Religion:

• The Act is accused of encroaching on the religious rights of Hindus, Jains, Buddhists, and Sikhs, hindering their freedom to reclaim and restore places of worship.

Violation of Secularism:

• Opponents assert the Act violates secular principles by favoring one community, undermining equal treatment of religions and contradicting constitutional tenets.

Exclusion of Ayodhya Dispute:

• Specific criticism targets the Act’s exclusion of the Ayodhya dispute, raising doubts about consistency and fairness in the treatment of religious sites.

Supreme Court’s Stance:

• The Supreme Court sees the Act as a legislative intervention upholding secularism, ensuring equality among religions and preserving places of worship for all communities.

Way Forward

Addressing the raised criticisms and shortcomings necessitates a comprehensive review of the Places of Worship Act. It is imperative to ensure that the Act does not impede judicial review, preserving the judiciary’s pivotal role in upholding constitutional rights. Striking a balance between preserving the religious character of places of worship and respecting the rights of different communities is crucial. To foster transparency and fairness, public consultation should be undertaken, and specific sites’ exclusion should be revisited to ensure consistency and equitable treatment.

Places of Worship Act, 1991 UPSC

The Places of Worship Act, 1991, prohibits conversion and preserves the religious character of places of worship as of August 15, 1947. It allows conversion between denominations, excluding the Ayodhya dispute. Criticisms include concerns about judicial review limitations, an arbitrary cutoff date, alleged infringement on religious rights, and accusations of violating secular principles. Despite challenges, the Act is operational, upheld by the Supreme Court for promoting secularism. The way forward involves a comprehensive review, addressing criticisms, safeguarding judicial review, and ensuring transparency through public consultation for equitable treatment of specific sites.

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