Supreme Court: 'Supreme' challenge given to some provisions of Places of Worship Special Provisions Act; CJI's bench will hear today


Posted on 12th Dec 2024 12:03 pm by rohit kumar

The Supreme Court will hear on Thursday a batch of PILs challenging the validity of certain provisions of the Places of Worship Act, 1991, which prohibits filing a suit to reclaim a place of worship or to seek a change in its character from the form prevailing on August 15, 1947.

 

A special bench of CJI Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Vishwanathan may hear the matter. Several petitions are pending in the apex court, including one filed by Ashwini Upadhyay, who has prayed that sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act, 1991 be struck down. The petitioner says that these three sections violate Articles 14,15, 21, 25,26, and 29 of the Indian Constitution. According to the petition, all these are against the basic spirit and preamble of our Constitution. One of the various reasons presented was the argument that these provisions take away the right of judicial remedy to reclaim the place of worship of an individual or religious group.

 

Did you know?Explore Trending and Topic pages for more stories like this.

This law was brought by the PV Narasimha Rao government.

 

In 1991, the then Prime Minister PV Narasimha Rao's government brought the Places of Worship Act. According to this law, a place of worship of any religion that came into existence before 15 August 1947 cannot be converted into a place of worship of another religion. If someone tries to do so, he can be imprisoned for one to three years and fined. The Ayodhya case was in court at that time, so it was kept out of this law.

 

Section two of this law says that if any petition or other proceedings regarding the change in the character of any religious place existing on 15 August 1947 are pending in any court, tribunal, or other authority, then it will be closed. At the same time, Section 3 of the Act prohibits the conversion of a place of worship completely or partially into a place of worship of another religion. Even Section 3 of the Act prohibits the full or partial conversion of a place of worship of any religious sect into a place of worship of a different religious sect or a different section of the same religious sect.

 

Section 4 (1) says that the character of a place of worship on 15 August 1947 must be maintained as it was. At the same time, Section 4 (2) talks about stopping those cases, appeals, and legal proceedings that were pending on the date of implementation of the Places of Worship Act. Along with this, this section also prohibits the filing of any new case. Section 5 of this law says that the Places of Worship Act will not apply to the cases related to Ram Janmabhoomi.

 

Why was this law made?

 

The Ram Mandir movement was at its peak in the 1990s. Due to the growing influence of the Ram Mandir movement, many temple-mosque disputes started arising along with Ayodhya. To put an end to these disputes, the then Narasimha Rao government had brought this law.

 

At least two petitions challenging this law are pending in the court. One of these petitions is from Vishwa Bhadra Pujari Purohit Mahasangh of Lucknow and some other people of Sanatan Dharma. The second petition has been filed by BJP leader and lawyer Ashwini Upadhyay. Both petitions are pending in the Supreme Court.

 

The petitioners say that this law prohibits judicial review. Which is a basic feature of the Constitution. Along with this, this law also imposes an arbitrary irrational cutoff date which reduces the rights of the followers of Hindu, Jain, Buddhist, and Sikh religions.

 

Is this law being opposed for the first time?

 

When the Central Government brought this law in July 1991, even then the BJP had opposed it in the Parliament. At that time, Arun Jaitley in Rajya Sabha and Uma Bharti in Lok Sabha had demanded that the matter be sent to the Joint Parliamentary Committee (JPC).

 

After the Ayodhya verdict, once again claims are being made about 100 places of worship across the country, including Kashi and Mathura, to be temple land, but due to the 1991 law, the claimants cannot go to court. The Muslim side is saying that this law has been violated in Gyanvapi.

1 Like 0 Dislike
Previous news Next news
Other news

IND vs PAK Asia Cup: 'Ban the live telecast of India-Pakistan match in Asia Cup', Priyanka Chaturvedi demands

Shiv Sena (Uddhav Balasaheb Thackeray) MP Priyanka Chaturvedi has demanded a ban on the live tele

PM Modi in Rajasthan: PM will roar from Veerbhumi Bikaner today, will talk about national defense, warning, and development

Becoming a symbol of India's diplomatic and military strength, Prime Minister Narendra Modi is on

Waqf Bill Row: Om Birla furious over Sonia's statement of forcibly passing the Waqf Bill; said it is against parliamentary dignity.

Lok Sabha Speaker Om Birla was enraged by the statement of former Congress President Sonia Gandhi

Covid-19 in India: 2 people died in two days in the country; Active patients increased rapidly in these states including Maharashtra

Corona cases have started increasing once again in the country. After Kerala, Karnataka, there is

'If action is taken, we will accept that EC decided under pressure', the commission asked Kejriwal questions in the Yamuna poison case.

Former Delhi Chief Minister and Aam Aadmi Party Convenor Arvind Kejriwal himself reached the Elec

Aamir Khan: 'Sitare Zameen Par' passed without any cuts, censor board gave a green signal to Aamir's film.

Bollywood's Mr. Perfectionist Aamir Khan is once again making a comeback on the big screen. His m

Kathua Cloudburst: People were sleeping... a strong current came, people ran to the roofs to save their lives, household was destroyed; there was nothing left to eat
The flood caused by a cloudburst in Kathua on Sunday morning destroyed everything. People were sleep

IND vs PAK: Will the Asia Cup match between India and Pakistan be cancelled? An Emirates Board official answered.

There is a lot of speculation about the Asia Cup match to be played between India and Pakistan. I

Pahalgam Terror Attack: Pakistan's hand in the attack, two locals and two Pakistanis involved; Sketches of three suspects released

There is anger in the country after the terrorist attack in Pulwama, Jammu, and Kashmir. Security

Asha Bhosle Death: Zanai Weeps While Embracing Tabu; Sachin, Too, Appears Teary-Eyed; Celebs Arrive to Pay Tribute to Asha Bhosle.

The legendary singer Asha Bhosle passed away at the age of 92 on Sunday, April 12, 2026, at Breac

Sign up to write
Sign up now if you have flare of writing..
Login   |   Register
Follow Us
Indyaspeak @ Facebook Indyaspeak @ Twitter Indyaspeak @ Pinterest RSS



Play Free Quiz and Win Cash