Fresh Plea by AIMIM Chief Seeks Direction for Effective Enforcement of Law; Matter to be Taken Up with Pending Cases on February 17
The Supreme Court of India has agreed to consider a plea filed by Asaduddin Owaisi, the President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), calling for the effective implementation of the 1991 Places of Worship (Special Provisions) Act. The law, which mandates the preservation of the religious character of any place of worship as it stood on August 15, 1947, has been a subject of considerable legal debate in the country. The Bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar decided to tag Owaisi’s petition with other pending cases concerning the same issue, with the matter scheduled for a hearing on February 17, 2025.
Owaisi’s Plea for Implementation of the 1991 Law
Asaduddin Owaisi’s plea, filed on December 17, 2024, seeks a direction to the central government to ensure the proper and effective implementation of the Places of Worship Act, which has been a focal point of legal and political discussions in recent years. His petition was submitted through his counsel, Fuzail Ahmad Ayyubi, and comes amid ongoing cases in courts that are questioning the scope and application of the law.
At the heart of Owaisi’s petition is the argument that the 1991 Act, which is intended to prevent the conversion of places of worship and to preserve their religious character as it existed on India’s independence day, has not been adequately enforced. He has cited multiple instances where courts have ordered surveys of mosques in response to pleas by Hindu litigants seeking to reclaim religious sites. These developments, according to Owaisi, raise concerns about the law’s implementation and its effectiveness in preserving the status quo established in 1947.
Background of the Places of Worship Act, 1991
The Places of Worship (Special Provisions) Act, 1991, was enacted to maintain the religious character of all places of worship in India as they existed on August 15, 1947. The law was designed to prevent any alterations to the religious character of such sites, thus safeguarding religious harmony by prohibiting the conversion of one place of worship into another. This legislation specifically bars the conversion of any place of worship, including temples, mosques, and gurudwaras, into another religious site. In essence, it seeks to preserve the sanctity and identity of religious sites that existed on the date of India’s independence.
While the law has been regarded by many as an essential step to protect religious harmony and prevent contentious claims over religious sites, it has also faced criticism from certain quarters. Some argue that the law is restrictive, especially when it comes to places of worship that have been sites of controversy, particularly in relation to some mosques and temples.
Supreme Court’s Earlier Order on the Law
The Supreme Court had previously dealt with petitions challenging the validity of the Places of Worship Act. On December 12, 2024, the Bench headed by Chief Justice Sanjiv Khanna, while hearing a batch of petitions against the law, imposed a significant order. The Court restrained all other courts from entertaining fresh civil suits or issuing interim or final orders related to the “reclamation” of religious places, particularly mosques and dargahs. This order was seen as an effort to prevent further litigation that could lead to heightened communal tensions and to maintain the status quo with respect to religious sites.
The ongoing legal battle surrounding the Places of Worship Act had already been tagged with several petitions, including one filed by lawyer Ashwini Upadhyay, who is challenging various provisions of the 1991 law. The petitions are largely focused on the legality of the law and whether it restricts religious freedom or fails to address the historical grievances of different communities.
Owaisi’s Argument and Legal Strategy
In his petition, Owaisi has emphasized the importance of ensuring the Act’s implementation, citing several instances where litigation involving religious sites has been allowed to continue, despite the 1991 law’s clear provisions. According to Owaisi’s counsel, there have been numerous cases in which courts have directed the survey of mosques and other religious places, often in response to petitions by Hindu litigants claiming ownership or the right to reclaim certain places of worship.
Owaisi’s legal team argues that such actions are in violation of the Places of Worship Act, which mandates the preservation of the status of religious sites as they existed on the eve of India’s independence. They contend that the government must intervene to ensure that the law is enforced in letter and spirit to avoid the resurgence of disputes over religious sites that could potentially stoke communal tensions.
What Happens Next?
The Supreme Court has now scheduled a detailed hearing on Owaisi’s plea for February 17, 2025. The plea will be heard alongside other similar cases that are already pending before the Court. The decision to tag Owaisi’s petition with the pending cases ensures that all relevant matters related to the implementation of the Places of Worship Act are heard together, providing a more comprehensive legal examination of the law’s provisions.
In the interim, the legal landscape surrounding the Places of Worship Act remains complex. The outcome of these cases could have significant implications for religious freedom, the protection of places of worship, and the maintenance of communal harmony in India. The Supreme Court’s ruling could either strengthen the Act’s enforcement or lead to changes in how it is applied.
Political and Social Implications
The petition by Owaisi, and the broader discussions surrounding the Places of Worship Act, carry significant political and social ramifications. The law has been a point of contention in India’s fraught religious landscape, particularly with regard to contentious sites like the Babri Masjid, where the status of religious places has been the subject of protracted legal battles. Any Supreme Court ruling on this matter is likely to have a far-reaching impact on the ongoing discourse surrounding religious rights and the preservation of India’s pluralistic identity.
As the legal proceedings unfold, the focus will remain on ensuring that the law’s implementation does not lead to further division, while also upholding the rights of all communities to practice their religion without fear of disruption.
