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Places of Worship (Special Provisions) Act, 1991

PWOnlyIAS December 03, 2024 06:39 320 0

Places of Worship (Special Provisions) Act, 1991 sought to maintain and protect the religious places of worship. Get more details on the Places of Worship (Special Provisions) Act, 1991 here.

Places of Worship (Special Provisions) Act, 1991

The Places of Worship (Special Provisions) Act, 1991, is a landmark legislation enacted by the Indian Parliament to maintain the religious character of places of worship as it existed on August 15, 1947. This law prohibits the conversion of any place of worship and aims to uphold the nation’s secular fabric by promoting harmony and preventing disputes over historical religious sites.

What is the Places of Worship Act 1991?

The Places of Worship Act, of 1991, preserves the status quo of religious sites as of August 15, 1947, barring any changes in their nature. It applies to all religious places of worship across India, except the Ram Janmabhoomi-Babri Masjid dispute, which was explicitly excluded from its purview.

The Places of Worship (Special Provisions) Act, 1991, prohibits the conversion of any place of worship and ensures the maintenance of its religious character as it existed on August 15, 1947.

The Act extends to the whole of India except Jammu and Kashmir and came into force on July 11, 1991.

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Background of the Places of Worship Act

The Places of Worship Act, 1991, was introduced to address communal tensions arising from disputes over religious sites.

  1. Post-Independence Concerns: The Act seeks to preserve the religious status of places as they were on August 15, 1947, the day of India’s independence.
  2. Prevention of Communal Unrest: It was a measure to prevent historical grievances from being politicized, ensuring peace and coexistence.

Key Provisions of the Places of Worship Act

The Places of Worship Act, 1991, is a cornerstone in India’s legal framework to preserve its secular ethos and maintain peace among diverse religious communities. Here are the key provisions of the Places of Worship Act:

Section Provision
Section 3 Prohibits the conversion of a place of worship from one religious character to another.
Section 4(1) Declares that the religious character of a place of worship as it existed on August 15, 1947, shall remain the same.
Section 4(2) Bars any legal proceedings regarding the conversion of places of worship that existed before the commencement of the Act.
Section 5 Excludes the Ram Janmabhoomi-Babri Masjid dispute from the provisions of the Act.
Section 6 Prescribes a punishment of up to three years imprisonment and fines for contravening Section 3.
Section 7 States that the Act overrides all other inconsistent laws or legal instruments.

Exemption in Places of Worship Act, 1991

The Places of Worship (Special Provisions) Act, 1991, aims to preserve the religious character of places of worship as they existed on August 15, 1947, prohibiting conversions. However, the Act includes certain exemptions to address specific historical, legal, and practical concerns. These exemptions ensure the Act does not interfere with already settled matters or specific legal provisions for historical or archaeological monuments.

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Exemptions in the Places of Worship Act

  1. Ram Janmabhoomi-Babri Masjid Dispute: The Act does not apply to the Ram Janmabhoomi-Babri Masjid dispute in Ayodhya, allowing it to continue under separate legal proceedings.
  2. Ancient Monuments and Archaeological Sites: Religious places recognized as ancient monuments under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or similar laws are exempt from the provisions of the Act.
  3. Matters Already Settled by Courts: Cases or disputes related to the conversion of religious sites that were settled, decided, or disposed of by courts or tribunals before the enactment of the Act on July 11, 1991, are exempt.
  4. Mutual Agreements: Disputes settled mutually between parties before the commencement of the Act are excluded from its purview.
  5. Conversions Before the Act’s Commencement: Any conversion of a place of worship that occurred before July 11, 1991, either by acquiescence or as per legal provisions, is exempt.
  6. Cases Barred by Limitation: Disputes over religious sites that are barred by limitation laws as of the Act’s commencement are not covered by its provisions.

Why Was the Places of Worship Act Introduced?

The Act was introduced to address communal tensions and conflicts over historical religious sites in India. It aimed to prevent the exploitation of religious sentiments for political or social unrest. The law provides a legal framework to discourage the politicization of disputes over places of worship and foster national unity.

Objectives of the Places of Worship Act

  1. Promote Religious Harmony: Prevent disputes arising from converting places of worship.
  2. Preserve Secularism: Uphold the principle of secularism enshrined in the Indian Constitution.
  3. Maintain Status Quo: Ensure the religious character of a place of worship remains unchanged as it was on Independence Day.
  4. Prevent Historical Revisionism: Avoid conflicts based on historical claims over religious sites.

Special Provisions of the Places of Worship Act

  1. Status Quo: Prohibits changing the religious character of places of worship as it existed on August 15, 1947.
  2. Prohibition of Conversion: Bars the conversion of a place of worship from one religious denomination to another.
  3. Punitive Measures: Provides penalties, including imprisonment up to three years and fines, for contravening the Act.
  4. Exception Clause: Excludes the Ram Janmabhoomi-Babri Masjid site from its provisions.

Why is the Places of Worship Act in the News?

The Places of Worship (Special Provisions) Act, 1991, has recently been a subject of controversy and debate. Its application has been questioned in light of ongoing legal disputes regarding the religious character of certain historical sites. The Supreme Court’s recent rulings and political commentary have further fueled discussions surrounding the Act. Here are the key reasons for the Act Being in the News:

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  1. Supreme Court’s Observation on Gyanvapi Mosque Survey:
    • In August 2023, a Supreme Court bench led by former Chief Justice D.Y. Chandrachud permitted a survey of the Gyanvapi Mosque in Varanasi.
    • The observation suggested that examining the religious character of places may not necessarily violate the provisions of the Act.
  2. Controversy Over Historical Sites:
    • Disputes have arisen over the religious identity of prominent sites like:
      • Shahi Idgah Mosque in Mathura.
      • Ajmer Dargah in Rajasthan.
      • Shahi Jama Masjid in Sambhal, where claims of pre-existing religious structures have surfaced.
  3. Political Commentary on Legal Developments:
    • MP Jairam Ramesh referred to the Supreme Court’s recent comments as “opening Pandora’s box,” cautioning about the potential for renewed disputes.
  4. Renewed Communal Tensions
    • These developments have reignited debates about the status quo of religious sites, potentially threatening the communal harmony that the Act seeks to protect.

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Places of Worship Act FAQs

It is a law that preserves the religious character of places of worship as it existed on August 15, 1947, prohibiting any changes.

It was enacted to prevent communal disputes over religious sites and uphold secularism.

The Act excludes the Ram Janmabhoomi-Babri Masjid dispute, allowing it to be resolved under separate legal proceedings.

Violators can face up to three years of imprisonment, fines, or both.

Yes, it applies to all religious places of worship in India, barring exceptions mentioned in the Act.
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