Background of the Places of Worship Act
The Places of Worship (Special Provisions) Act, 1991, mandates that the religious character of any place of worship as it stood on August 15, 1947, should remain unchanged. The law was enacted to promote secularism and prevent conflicts over religious places. It exempts the Ram Janmabhoomi-Babri Masjid dispute, which was already under litigation at the time.
Recent Supreme Court Developments
On December 13, 2024, the Supreme Court directed the Central Government to submit its response within four weeks regarding several petitions challenging the Act. The petitioners argue that the Act violates constitutional rights by curbing the right to worship. They claim it disregards historical grievances and perpetuates injustices against specific communities.
Arguments Presented in Court
The challengers assert that the Act infringes on Article 25 of the Constitution, which guarantees the right to freely practice and propagate religion. They argue that it freezes the historical status of religious places arbitrarily and prevents communities from seeking remedies for perceived wrongs.
Conversely, the government has previously defended the Act as a necessary step to uphold secularism and maintain public order. Officials argue that revisiting historical disputes would open the floodgates to communal disharmony.
Implications of the Case
This case has far-reaching implications for India’s secular fabric and social harmony. A verdict overturning the Act could lead to renewed disputes over several religious sites, potentially reigniting communal tensions. Conversely, upholding the Act would reinforce the principles of secularism but might leave historical grievances unaddressed.
The Center’s Response
As the nation awaits the Centre’s response, the Supreme Court’s eventual decision will significantly shape India’s approach to handling sensitive issues related to religious identity and historical justice. Balancing constitutional rights with the need for communal harmony remains a critical challenge.
