The Places of Worship (Special Provisions) Act, 1991, was enacted to maintain the religious character of places of worship as they existed on August 15, 1947, and to prohibit their conversion into sites of worship for any other religion or sect.
The Act seeks to preserve the secular fabric of India by preventing disputes over religious sites.
Prohibition of Conversion (Section 3):Any place of worship cannot be converted, wholly or partly, into a place of worship of a different religion or denomination.
Maintenance of Religious Character (Section 4):The Act mandates that the religious character of any place of worship as of August 15, 1947, shall remain unchanged.
Exclusion of Specific Cases:The Ram Janmabhoomi–Babri Masjid dispute was explicitly excluded from the Act's purview, as it was already under judicial consideration when the Act was passed.
Penalties:Violating the Act attracts penalties, including imprisonment and fines.
Legal Challenges:
Despite the Act's clear intent, legal disputes like those involving the Gyanvapi Mosque in Varanasi, Shahi Idgah in Mathura, and Jama Masjid in Sambhal have surfaced, with petitioners claiming changes in the sites' historical religious character. Courts have occasionally allowed such cases to proceed, citing the need to ascertain the religious nature of the sites on the cutoff date (August 15, 1947).
The constitutional validity of the Act is currently under scrutiny by the Supreme Court, where petitioners argue its provisions may restrict the right to seek legal remedies for historical grievances.
This Act continues to play a significant role in India's socio-legal landscape, balancing the preservation of history with contemporary communal harmony.
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