New Delhi, December 12: The Supreme Court has commenced hearings on a series of petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991, a law that seeks to preserve the religious character of places of worship as they stood on August 15, 1947.

The outcome of these hearings could have significant implications for India’s secular fabric and communal harmony.

Key Arguments and Petitions

Advocate Ashwini Upadhyay, one of the petitioners challenging the Act, argued, “This is a place of worship act, not a place of prayer act. The law talks about character, not identity. We want surveys to be conducted at all disputed places to determine their true character. This is not about Hindu-Muslim; it is about restoring places mentioned in the Vedas, Bhagavad Gita, and Ramayana.”

On the other hand, Rashtriya Janata Dal (RJD) MP Manoj Jha filed an intervention supporting the Act. Jha emphasized that the 1991 law safeguards secularism, prevents communal disharmony, and upholds constitutional values like equality and fraternity. “Revisiting settled issues could incite discord and destabilize peace,” he cautioned.

Support from Other Groups

Mosque Committees: The Gyanvapi Mosque Committee in Varanasi and the Shahi Eidgah Mosque Committee in Mathura argued that overturning the Act would disrupt communal harmony and undermine the rule of law. Both committees stressed that historical grievances should not form the basis for constitutional challenges.

CPI(M): The Communist Party of India (Marxist) filed a petition supporting the Act, calling it essential for maintaining the nation’s secular and pluralistic ethos. The party warned that efforts to challenge the law are a “backdoor” attempt to rewrite history and disrupt communal peace.

Provisions of the 1991 Act

The Places of Worship Act prohibits altering the religious character of any place of worship as it existed on August 15, 1947, except for the Ayodhya Ram Janmabhoomi site, which was already under litigation at the time. Critics of the Act argue that it infringes upon fundamental rights and limits judicial recourse for reclaiming disputed religious sites.

Implications of the Hearing

The Supreme Court's three-judge bench, headed by Chief Justice Sanjiv Khanna and including Justices Sanjay Kumar and K.V. Viswanathan, will adjudicate the matter. Proponents of the Act argue that any changes to its provisions could reignite communal tensions and undermine the secular principles enshrined in the Constitution.

Opponents, however, contend that the law unjustly curtails their rights to address historical grievances.

Historical Context

The Act was passed in 1991 during a period of heightened communal tensions to prevent disputes over religious sites. It has withstood scrutiny for over three decades and has been upheld by the Supreme Court in the 2019 Ayodhya judgment as a cornerstone of India's secular framework.

Outlook

The Supreme Court’s decision on the Places of Worship Act will have far-reaching consequences for India’s socio-political landscape. While the hearings are expected to be contentious, the judiciary’s stance will play a pivotal role in shaping the balance between constitutional values and communal harmony.