The Places of Worship Act 1991, ratified in India, is a notable legal preventive which aimed at conserving the secular anatomy of the country. The Places of Worship Act, 1991 imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution. The Act which was passed to preserve the status of existing ‘places of worship’ of all religions and denominations as it was on August 15, 1947, and for the abatement of suits and legal proceedings with respect to the conversion of the religious character of any place of worship, has come into question due to motivated religious zeal and some proxy-litigation. The preamble of the act highlights the social values of secularism which at present can be called as ‘like bats of law flitting in the twilight but disappearing in the sunshine of actual facts (Vaishali Gaurha,Shreshth Srivastava, January 27, 2023). Its section 4(B) terminates any ongoing legal proceedings for conversion of religious status of a site. It, therefore, prevents future petitions in this regard. Babari Masjid (Ayodhya dispute) case was exempted under section 5 of this act. In case of violation, this Act establishes strict penalties including three years’ imprisonment and fines. The act was passed to ensure India’s secular nature. But its violation automatically questions its secularism and highlights fascist Hindutva ideology of its current government. In 2022, Supreme Court allowed inquiries as long as it does not change the religious status of a site. Next year, Court allowed surveys to ascertain the religious statuses of places of worships. This decision allowed a chain of disputes and injustice. Despite that, in contemporary era, several incidents have intimidated the principles beatified in the law, which results in tensions related to raising secularism in India.
One of the most eminent provocations to the Places of Worship has been the legal contention which surrounds the Gyanvapi Mosque, adjoining the Kashi Viswanath Temple in Varanasi. Petitioners claimed that the mosque was built by converting a preceding Temple in Mughal Era. Petition is filed in the name of Bhagwan Adi Vishweshwar Virajman currently pending before the civil court in Varanasi, which demands for removal of Gyanvapi Masjid. The civil court in its order dated 17th November 2022 rejected the objection of Anjuman Intezamiya Management Committee under Order 7 Rule 11 of the Code of Civil Procedure, 1908 and held the suit maintainable (Dr Neelam Batra, Priyanka, 2022). Ajmer Sharif Dargah was constructed in 16th century in owner of a Sufi saint who died in 1236 A.D. A petition was filed in September that this temple was built as a site of Shiva temple and so the status must be reversed back. Also, Dargah in Basavakalyan was established in 12th century. It is a dargah dedicated to saint Basava. BJP MLA Basanagouda Patil Yatnal desires for a movement to reclaim a Lingayat Community Academy “Anubhava Mantapa” believed to be beneath the Dargah.
Summons to the Act 1991 frighten to reopen the past disservice, disrupt communal peace and breach the principles of secularism. Furthermore, legal conflicts over noble sites may also evoke violence and aggravate tensions among communities as perceived by the Ayodhya Movement. The politicization of these matter often results in electoral polarization, intensifying community dissection. Moreover, the partaking of lower courts in sanctioning surveys or adjudicating such petitions raises agitation over Judicial inconstancy. The supreme court’s locale on affirming the act is requisite for establishing a definitive precedent. Should the Act be weakened, it may precipitate a multitude of claims about several religious sites, so undermining interfaith ties. The Places of Worship Act assures religious minorities of the safeguarding of their places of worship. Perceived targeting of such sites may instill uneasiness in minorities and undermine their confidence in the judicial system.
A significant opposition and turmoil will ensue to counteract such shift. The Hindutva ideology’s continuous efforts to weaken Muslim communities throughout the nation are inevitable. Since the Supreme Court rulings of 2023, several instances have emerged in which the Supreme Court is repealing the 1991 Act. Nevertheless, the Supreme Court’s infringement of the Places of Worship Act reflects the Indian Government’s aspiration to actualize its Hindutva or Hindu “Hindu hegemony within India” philosophy.
She is currently studying in National Defence University Islamabad. She is a policy researcher and an enthusiastic activist related to intersex problems.
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