Places of Worship Act: In a significant development, the Supreme Court has decided to defer the hearing of Public Interest Litigations (PILs) challenging certain provisions of the Places of Worship Act, 1991. Hearing the matter, Chief Justice Sanjiv Khanna emphasised that no hearing would take place until the central government submits its response. The Solicitor General assured the court that the response would be filed soon. Additionally, the apex court also directed that no new petitions related to this matter be filed until the next hearing.
SC gives 4 weeks time to Centre
CJI Khanna granted the central government four weeks to file its response in the ongoing cases challenging provisions of the Places of Worship Act. Following this, other parties involved will also have four weeks to submit their replies. The CJI stated that the the top cannot make a decision without the government's response and stressed the importance of understanding the central government's stance on the matter.
This hearing came amid the backdrop of various related lawsuits in different courts, including those concerning the Gyanvapi Mosque in Varanasi, the Shahi Idgah Mosque in Mathura, and the Shahi Jama Masjid in Sambhal.
Several PILs filed challenging Places of Worship Act
The Places of Worship Act stipulates that the religious character of any place of worship as it stood on August 15, 1947, shall remain unchanged. It also prohibits filing lawsuits to reclaim or alter the character of such sites. Several petitions challenging the Act are currently pending before the Supreme Court, including one filed by advocate Ashwini Upadhyay. In his plea, Upadhyay has sought the annulment of Sections 2, 3, and 4 of the Act, arguing that these provisions deprive individuals or religious groups of their right to seek legal remedies to reclaim places of worship. According to him, it infringes upon the fundamental rights guaranteed under the Constitution.
What is Places of Worship Act?
The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947, and for matters connected therewith or incidental thereto. The law had made only one exception -- on the dispute pertaining to the Ram Janmabhoomi-Babri masjid in Ayodhya. On May 20, 2022, the top court made oral observations while hearing a dispute involving the Gyanvapi mosque in Varanasi and said ascertaining the religious character of a place of worship was not barred under the Act.
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