The Places of Worship (Special Provisions) Act, 1991, is a landmark legislation in India meant to preserve the religious nature of places of worship as it was on August 15, 1947. The Act had come into being at a time when the communal tension, more specifically regarding the Ram Janmabhoomi movement and the dispute regarding Babri Masjid, had escalated. It was brought in by the Congress government headed by Prime Minister P.V. Narasimha Rao to avoid further religious conflicts and maintain communal harmony.
Key Provisions
Prohibition of Conversion: The Act prohibits the conversion of any place of worship from one religion to another or even from one sect to another within the same religion. This includes any alterations that may change the religious character of the site.
Maintenance of Religious Character: It mandates that the religious character of all places of worship must remain as it was on August 15, 1947.
Legal Proceedings: Any legal proceedings regarding the conversion of places of worship that were pending as of the enactment date are abated, meaning they cannot continue.
Exemptions:
The Act specifically exempts:
- The site in Ayodhya was under litigation at the time.
- Places declared as ancient monuments under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
- Settled disputes which existed before the coming into force of the Act.
- Punishment for Contravention: It provides for three years of imprisonment or an amount of fine as determined by a magistrate for contravening any provision.
Historical Background
It was enacted amidst growing communal tension in India in the late 1980s and early 1990s, particularly relating to incidents surrounding the disputes at Babri Masjid and Ram Janmabhoomi. The intention was to furnish a legal framework for peace and avoidance of further flare-up of disputes over religious structures.
Current Developments
At this point, the Supreme Court of India is hearing multiple pleas seeking declarations of constitutional invalidities arising on some provisions of this very act. Such pleas are that such and so acts violate judicial review and run contrary to the Constitutional Principles of Secularism as it stands. Any decree handed by the Supreme Court to beat all odds at its face value would undoubtedly do magic in religious sites across India.
Recent Highlights:
Supreme Court Hearings: On December 12, 2024, a special bench will take pleas regarding the constitutional validity of the Places of Worship Act as ongoing debates continue to question the consequences of the Act in regard to several religious locations across India.
Political Comments: Political leaders have spoken about the current debate, arguing for adherence to the Act or calling for its rethinking in light of recent communal clashes.
The Places of Worship (Special Provisions) Act, of 1991 is an important legal provision enacted to protect communal harmony through the non-alteration of places of worship on historical grounds. The fact that it is now being examined by the Supreme Court of India raises contemporary debates on religious identity and authority in India.
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