The Supreme Court of India will today hear petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. A special bench comprising Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Vishwanathan is scheduled to address the matter at 3:30 pm.
Key Provisions of the Act
The 1991 Act bars lawsuits seeking to change their status and restricts any alterations. However, petitioners argue that the Act infringes upon fundamental rights and violates secular principles enshrined in the Indian Constitution.
Arguments from the Petitioners
The petitioners assert that the Act restricts Hindus, Jains, Buddhists, and Sikhs from reclaiming or managing places of worship and pilgrimage allegedly desecrated during historical invasions. Prominent petitioners include Kashi Royal Family members, BJP leader Subramanian Swamy, former MP Chintamani Malviya, retired army officer Anil Kabotra, and religious leaders like Swami Jeetendranand Saraswati and Devkinandan Thakur Ji.
Their plea highlights that the Act contravenes Articles 25, 26, and 29 of the Constitution, which guarantee religious freedoms, rights to manage religious affairs, and cultural preservation. They argue that fixing August 15, 1947, as the cutoff date is arbitrary, preventing communities from addressing historical grievances.
The petitioners further claim that the Act discriminates by excluding Lord Rama's birthplace from its purview while including Lord Krishna's birthplace, despite both being revered incarnations of Lord Vishnu.
Counterarguments by Opposing Groups
Opposition groups, including Jamiat Ulama-i-Hind, the All India Muslim Personal Law Board, and the Gyanvapi mosque's management committee, assert that the Act promotes secularism and communal harmony. They warn that overturning the Act could spark a flood of lawsuits targeting mosques and other religious sites, reigniting communal tensions.
The Jamiat Ulama-i-Hind argues that the Act's provisions were designed to maintain peace by freezing the status of places of worship as of 1947.
Controversial Sections of the Act
The Act Section 3 prohibits conversions of religious sites to a different denomination or faith. Section 4 bars legal proceedings to alter their status as of the cutoff date. Critics claim these provisions deny judicial remedies to reclaim properties tied to religious and cultural heritage.
The petitions also highlight that the Act prevents certain communities from recovering religious sites and properties while allowing Muslims to make claims under the Waqf Act, leading to perceived inequalities.
Implications of the Hearing
Today's hearing is expected to address critical questions about balancing religious freedoms, cultural heritage, and the secular fabric of India. The decision could have far-reaching implications for the legal and social landscape of the nation.