Why in the News?
A plea challenging the Gyanvapi Mosque-Kashi Vishwanath temple has
been challenged in the Allahabad High court involving a question of The Places
of Worship Act, 1991.
Genesis of the act:
1. Passed
by Narasimha Rao govt. in the year 1991 amid the tensions of Ram Janmabhoomi
movement in 1990s.
2.
The
law seeks to prohibit conversion of any religious place of worship and to
provide for the maintenance of the religious character of any place as it
existed on August 15, 1947.
Significant provisions of the Act:
1.
Section
3: bars conversion in
full or part, of a place of worship of any religious denomination into a place
of worship of a different religious denomination or even a different segment of
the same religious denomination.
2.
Section
4(1): The religious
character of a place of worship shall continue to be the same as it existed on
August 15, 1947.
3.
Section
4(2): Any suit or legal
proceeding with regard to conversion of a religious place of worship existing
on August 15, 1947, pending before any court shall abate and no fresh suit
shall be instituted.
4.
Section
6: Any contravention
of provisions of Section 3 of the act shall be punishable with imprisonment up
to three years and/or liable to pay a fine.
Exemptions provided in the act:
1. The
Ayodhya dispute site was exempted, which allowed the continuance of its
proceedings even after the enactment of the act.
2.
Any
place of worship declared to be an ancient and historical monument or an
archaeological site under the Ancient Monuments and Archaeological sites and
Remains Act, 1958.
3.
Any
suit that has been finally settled or disposed of.
4.
Any
disputes that have been settled before the commencement of the act.
What are the criticisms regarding the
legislation?
1. Questioned
based on the constitutional validity as it bars the citizens to approach the
court under Article 32- Enforcement of fundamental rights.
2.
“Pilgrimage
sites” and “Burial sites” falls under the jurisdiction of the State List and so
centre is not allowed in making laws in that area. However, the centre has
contended that the Residuary powers under Entry 97 has given it the powers to
enact legislation in those subjects.
The act safeguards the secular aspects of Indian Polity and forbids
retrogression. The Supreme Court has to clarify the maintainability and
applicability of the Place of Worship Act,1991 to avoid piling up of
litigations acting as a burden to the Judiciary and to maintain the secular
aspects of the Indian society.
