INTRODUCTION:
People often differ from one another not only in physical appearance but also in the ideologies and beliefs propagated by them. India is a country with a huge population and with an embarking feature of fascinating diversity. People in a country are always supposed to live together peacefully, but sometimes ideological and religious conflicts arise due to varying beliefs. As a result, laws are enacted on the territory to foster cooperation and a feeling of fraternity.
“The Places of Worship Act, 1991 (The Act of 1991)” is one of the legislations that was passed with this intention. In modern times, with religious intolerance at its peak, communal disputes are overshadowing the country with the black clouds of religious extremism and religious fundamentalism. Thus, a smooth enactment and understanding of the law becomes important.
THE ENACTMENT OF THE ACT OF 1991:
On July 12, 1991, Zainal Abedin presented a proposal titled ‘Preservation of Religious Shrines and Places of Worship in their 1947 Status.’ While the proposal was still under consideration, the Lok Sabha introduced the Places of Worship (Special Provisions) Bill on August 23, 1991.[1] Subsequently, on September 11, 1991, the Places of Worship Act, 1991, received the President’s approval. This legislation was endorsed by the Congress administration, led by Prime Minister P.V. Narasimha Rao, amidst the enthusiasm of the Ram Janmabhoomi movement.
RATIONALE BEHIND THE ACT OF 1991:
The Act of 1991 was enacted primarily to quell communal tensions arising from disputes over places of worship. The Act of 1991 aimed to stabilise and maintain the existing state of affairs regarding places of worship, as it stood before India’s independence, to prevent further communal strife.
The legislation was presented to the Parliament by the then-Home Minister, S B Chavan, who articulated: “It is considered necessary to adopt these measures because of the controversies arising from time to time concerning the conversion of places of worship which tend to vitiate the communal atmosphere… Adoption of this Bill will effectively prevent any new controversies from arising in respect of conversion of any place of worship…”[2]
KEY FEATURES OF THE PLACES OF WORSHIP ACT, 1991:
The act’s goal is stated in the first clause i.e., “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected therewith or incidental thereto”[3]
- Bars changing a place of worship:
- The Act stipulates that converting an existing place of worship from one religious denomination or sect to another within the same community is prohibited.
- Provides a statement on the religious nature of specific places of worship:
It mandates that the religious identity of the site remains unchanged as it stood on August 15, 1947.
- Bar of the jurisdiction of courts:
Upon the commencement of the Act, any ongoing litigation, appeals, or legal processes concerning the transformation of a place of worship that existed on August 15, 1947, will be terminated, and there will be a prohibition on initiating new legal actions about such conversions.[4]
- Exemption[5]:
- The provisions of this statute do not extend to the Ram Janam Bhumi and the Babri Masjid.
- Additionally, the exemption extends to encompass ancient and historical monuments, archaeological sites and remains protected and governed by the provisions outlined in the Ancient Monuments and Archaeological Sites and Remains Act of 1958.
- The subject is settled by the authorities before the start of this act.
- Any peacefully settled conflict between the parties or any property conversion that happened before the introduction of the Act.
GROUNDS FOR PETITIONS QUESTIONING THE ACT’S VALIDITY:
- The constitutional validity of the Act:
Without regard to the historical narrative of any mosque, temple, gurudwara, church, or other public place of religious worship, The Act’s restriction on legal actions has prompted numerous grievances from individuals whose places of worship were forcefully demolished or occupied before August 15, 1947. In the case of Ashwini Kumar Upadhyay v. Union of India[6], the petitioner contests the constitutionality of sections 2, 3, and 4 of the 1991 Act, asserting that these provisions infringe upon Articles 14, 15, 21, 25, 26, and 29 of the constitution, as well as the principles of secularism.[7]
- A legislative barrier to seeking judicial remedy is created under this Act:
Moreover, the legislation imposes a restraint on the indigenous population of India, compelling them to bear the burdens of past atrocities committed by invading forces, including the Mughals and the British. Importantly, it explicitly prohibits any recourse to legal remedies through the court system.
- Dismissal of the ongoing and long pending proceedings:
Per Section 4(2), the Act establishes a legal prohibition on pursuing any conversions related to places of worship. It explicitly states that ongoing proceedings or appeals on this matter initiated before the enactment of this legislation will be concluded. This legal framework effectively prevents the public from reclaiming their places of worship that were unjustly taken from them through historical atrocities.
- Unreasonable and Irrational cutoff date:
The date of August 15, 1947, has no nexus with the time for determining the status of a place of worship. This date signifies only the status of establishments that were left to the people of the country when the Britishers left. But it has no connection with determining the actual status of a place of worship that existed centuries ago. There is also no rational or reasonable justification surrounding this date.
- Discrimination under Article 14 through the exemption provided:
Section 5 of the Act has been a subject of dispute, particularly for its exemption of Ram Janmabhoomi from its purview. The contention posits that this provision runs afoul of Article 14 by elevating the followers of one deity (Shri Ram) above other Hindus who worship deities like Shri Krishna (at Shri Krishna Janmabhoomi) or Lord Shiva (at Kashi Vishwanath, Varanasi). - Question on the competency of Parliament:
A question is raised regarding the competency of the enactment of this act of the parliament. The Places of Worship (Special Provision) Act of 1991 is stated to handle matters that are strictly the responsibility of state legislatures and are mentioned in the State List (List-2) of the Constitution’s seventh schedule.
SUPREME COURT’S STANCE ON THIS ACT: IS IT UNINTENTIONALLY AIDING THE CENTER?
In its 2019 judgement on the Ayodhya dispute, the Supreme Court acknowledged the Places of Worship Act, stating that it represents the Constitution’s secular spirit. In a series of petitions challenging the Places of Worship (Special Provisions) Act 1991, the Union Government was allowed an extension to file a counter-affidavit. The Supreme Court concluded that the existing applications do not constitute a stay of the Act. The court made unequivocal remarks in support of the Act. However, the fundamental goal of this statute is to put an end to violence and community disagreements.
CONCLUSION:
The introduction of the Places of Worship Act in 1991 by the government aimed at fostering religious harmony and preserving the established state of affairs on the day of independence. The primary objective was to prevent bloodshed associated with religious extremism. But this act has surrounded itself with controversy over its constitutional validity which hampers the free flow of justice through this act. The Supreme Court should consider all the petitions concerning this act as soon as possible to remove all the discrepancies left in the act.
Author(s) Name: Krishi Mittal (University Institute of Legal Studies, Panjab University, Chandigarh)
Reference(s):
[1]Luv Virmani, ‘Is The Places of Worship Act, 1991 constitutional?’ (Bar and Bench, 15 Jul 2023) <Is The Places of Worship Act, 1991 constitutional? (barandbench.com)> accessed July 19, 2023
[2]Anna Fernandes and Anupa Kujur, ‘Explained | What is the Places of Worship Act, 1991?’ Deccan Herald (May 17, 2022) <Explained | What is the Places of Worship Act, 1991? | Deccan Herald> accessed July 19, 2023.
[3] The Places of Worship (Special Provisions) Act, 1991.
[4] The Places of Worship (Special Provisions) Act, 1991, s 4(2)
[5] The Places of Worship (Special Provisions) Act, 1991, s 4(3), s 5
[6]Ashwini Kumar Upadhyay v. Union of India,WP(Civ) No.699/2016
[7] V. Venkatesan, ‘Places of Worship Act: Is Supreme Court Unwittingly Helping Centre With Proxy Litigation? ‘The Wire (23 MAR, 2021) <Places of Worship Act: Is Supreme Court Unwittingly Helping Centre With Proxy Litigation? (thewire.in)> accessed 19 July 2023
