Context : Jamiat Ulama-i-Hind has moved the Supreme Court seeking the dismissal of a petition which challenges the validity of the Places of Worship (Special Provisions) Act, 1991, a law which prohibits the conversion of any religious place.
What is the law about?
- Passed in 1991 by the P V Narasimha Rao-led Congress government, the law seeks to maintain the “religious character” of places of worship as it was in 1947 — except in the case of Ram Janmabhoomi-Babri Masjid dispute, which was already in court.
Background
- When the Babri Masjid-Ram Janmabhoomi dispute was at its height, in the early 1990s, the Vishwa Hindu Parishad (VHP) and other Hindu organisations also laid claim to two other mosques — the Gyanvapi mosque in Varanasi and the Shahi Idgah in Mathura.
- Although the radicals in the Hindu camp often spoke of reclaiming 3,000 mosques across the country, they threatened to start agitations only in respect to these two places of worship.
- In this backdrop, the P.V. Narasimha Rao government enacted, in September 1991, a special law to freeze the status of places of worship as they were on August 15, 1947.
- The law kept the disputed structure at Ayodhya out of its purview, mainly because it was the subject of prolonged litigation.
- It was also aimed at providing scope for a possible negotiated settlement.
Objective of the Act
- The aim of the Act was to freeze the status of any place of worship as it existed on August 15, 1947.
- It was also to provide for the maintenance of the religious character of such a place of worship as on that day.
- It was intended to pre-empt new claims by any group about the past status of any place of worship and attempts to reclaim the structures or the land on which they stood.
- It was hoped that the legislation would help the preservation of communal harmony in the long run.
Main features
- The Act declares that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947.
- It says no person shall convert any place of worship of any religious denomination into one of a different denomination or section.
- It declares that all suits, appeals or any other proceedings regarding converting the character of a place of worship, which are pending before any court or authority on August 15, 1947, will abate as soon as the law comes into force. No further legal proceedings can be instituted.
- However, there is an exception to the bar on instituting fresh proceedings with regard to suits that related to conversion of status that happened after August 15, 1947. This saves legal proceedings, suits and appeals regarding chance of status that took place after the cut-off date.
- These provisions will not apply to ancient and historical monuments and archaeological sites and remains that are covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958; a suit that has been finally settled or disposed of; and any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.
- The Act does not apply to the place of worship commonly referred to as Ram Janmabhoomi-Babri Masjid in Ayodhya.
Penal provision in the Act
- Anyone who defies the bar on conversion of the status of a place of worship is liable to be prosecuted.
- The Act provides for imprisonment up to three years and a fine for anyone contravening the prohibition.
- Those abetting or participating in a criminal conspiracy to commit this offence will also be punished to the same extent, even if the offence is not committed in consequence of such abetment or as part of the conspiracy.
What does it say about Ayodhya, and what else is exempted?
- Section 5 says: “Act not to apply to Ram Janma Bhumi Babri Masjid. Nothing contained in this Act shall apply to the place or place of worship commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya in the State of Uttar Pradesh and to any suit, appeal or other proceeding relating to the said place or place of worship.”
- Besides the Ayodhya dispute, the Act also exempted:
- any place of worship that is an ancient and historical monument or an archaeological site, or is covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958;
- a suit that has been finally settled or disposed of;
- any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.
Why is the law under challenge?
- The law has been challenged on the ground that violates secularism.
- It is also argued that the cut-off date of August 15, 1947 is “arbitrary, irrational and retrospective” and prohibits Hindus, Jains, Buddhists, and Sikhs from approaching courts to “re-claim” their places of worship which were “invaded” and “encroached” upon by “fundamentalist barbaric invaders”.
- The BJP had opposed the law even when it was introduced, arguing that the Centre has no power to legislate on “pilgrimages” or “burial grounds” which is under the state list. However, the government had said it could make use of its residuary power under Entry 97 of the Union List to enact this law.
- Entry 97 confers residuary powers to the Centre to legislate on subjects that are not enumerated in any of the three lists.
- Another criticism against the law is that the cut-off is the date of Independence, which means that status quo determined by a colonial power is considered final.