In a significant development, Chief Justice of India (CJI) Sanjiv Khanna has formed a special three-judge bench to hear petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. This hearing is scheduled for December 12, 2023, and it holds considerable importance due to the ongoing debate over the law’s implications, especially in relation to historical religious sites.

The Places of Worship Act, passed in 1991, freezes the religious character of places of worship as it existed on August 15, 1947. It prohibits the conversion of any place of worship, with the sole exception of the Ram Janmabhoomi-Babri Masjid at Ayodhya. The law has been under scrutiny, and several petitions have been filed by various individuals and organizations, including lawyer Ashwini Kumar Upadhyay and former Rajya Sabha MP Subramanian Swamy, challenging provisions that prevent the reclamation of religious sites that were allegedly converted or taken over by invaders.

The petitioners argue that the 1991 law arbitrarily fixes August 15, 1947, as a retrospective cut-off date, undermining the rights of individuals or religious communities to reclaim places of worship or pilgrimage. They claim that the law obstructs legal recourse against "encroachment by invaders" and violates the right to judicial remedy.

The challenge is especially relevant considering the numerous mosques and dargahs across India that Hindu groups have sought to reclaim, claiming they were built over pre-existing temples. Among the disputed sites are the Shahi Idgah Masjid in Mathura, Quwwat-ul-Islam Mosque near the Qutub Minar in Delhi, Kamal Maula Mosque in Madhya Pradesh, Ajmer Sharif Dargah in Rajasthan, and several other religious sites across the country.

In response, the Managing Committee of the Anjuman Intezamia Masajid, Varanasi, filed an intervention application arguing that the petitions against the law are based on “rhetorical and communal claims” that could destabilize communal harmony. The committee listed various contested sites and asserted that revisiting historical wrongs could threaten the secular fabric of the nation and the principles upheld by the Places of Worship Act.

The petitioners, however, continue to challenge the law, arguing that it impinges upon the fundamental rights guaranteed under Articles 14 and 25 of the Indian Constitution, which protect the right to equality and the freedom of religion. They have urged the Supreme Court to reconsider the law's provisions, particularly the prohibition on legal proceedings seeking the conversion of religious sites.

The Union Government has been asked to respond to these petitions, but despite several extensions, the counter-affidavit is still awaited. The upcoming Supreme Court hearing will address these pressing issues and may have significant implications for the future of religious disputes in India.

This case, which has been pending since 2020, is poised to be a landmark moment in the ongoing debate over religious identity, heritage preservation, and the interpretation of secularism in India’s legal framework. The outcome of the hearing could reshape how religious sites and their historical significance are viewed in the context of India’s constitutional values.