Answer

The Places of Worship (Special Provisions) Act, 1991, was enacted to maintain communal harmony by preserving the religious character of places of worship as they stood on August 15, 1947. Its purpose is to prevent disputes over religious sites from escalating into violence. By safeguarding religious sentiments, the Act plays a critical role in upholding national unity and constitutional integrity.

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The Places of Worship (Special Provisions) Act, 1991, is aimed at preventing the disturbance of communal harmony

• Freezes the religious status of places of worship: The Act prohibits any changes to the religious character of places of worship as they existed on August 15, 1947, preventing any attempts to alter their status for communal or political reasons.
  For instance: The Act ensures that a mosque or temple remains as it was in 1947, protecting it from being used as a site for further religious claims or conflicts.
• Prevents litigation over religious sites: By barring new suits over disputes regarding the religious character of places of worship, the Act discourages the initiation of divisive and politically motivated cases that could lead to tensions between communities.
  For instance: The Act prevents the filing of claims to reclaim religious sites on the grounds of alleged historical wrongs, reducing the likelihood of renewed communal strife.
• Encourages legal and peaceful resolution: The Act steers disputes away from the courts and instead encourages peaceful resolution in line with the secular fabric of the nation.
  For instance: The bar on litigation ensures that disputes over religious sites are less likely to end up in court, promoting societal stability.
• Prevents divisive actions by ruling political factions: By freezing the status of religious sites, the Act prevents political factions from using these disputes as tools to divide the population along religious lines.
• Reduces the potential for communal violence: The Act mitigates the risk of violence by preventing public and legal contests over sensitive religious locations, reducing the likelihood of clashes between different religious groups.

The role of the Places of Worship (Special Provisions) Act, 1991, in ensuring national unity and constitutional integrity

National Unity

• Promotes social harmony: The Act promotes social unity by discouraging disputes that could inflame communal passions. It ensures that the focus remains on coexistence rather than division based on religious identity.
  For instance: By stopping lawsuits over religious places, the Act minimizes the scope for communities to be pitted against each other, promoting a sense of mutual respect and shared public space.
• Ensures equitable treatment of all religions: The Act provides a level playing field for all religions by freezing the status of places of worship regardless of the faith they represent.
  For instance: Whether a site is a mosque, temple, or church, it cannot be changed for religious or political reasons, fostering respect for all faiths.
• Safeguards peaceful coexistence in diverse communities: The Act strengthens national unity by ensuring that people from different religious backgrounds can coexist peacefully without being drawn into the controversies over historical sites.

Constitutional Integrity

• Upholds the secular nature of India: The Act reinforces India’s secular ethos by ensuring that the state does not engage in or encourage the endorsement of any religion through the resolution of disputes.
  For instance: The law upholds the Constitution’s mandate of secularism by preventing religious conflicts from influencing legal or political processes.
• Supports the rule of law over religious fervor: By preventing litigation over religious sites, the Act ensures that legal decisions are made based on law rather than the whims of religious sentiment, thus preserving the integrity of the judicial system.
  For example: The Supreme Court’s interim order in halting fresh suits aligns with this principle, signaling a commitment to rule of law over divisive elements.
• Strengthens constitutional safeguards against majoritarianism: The Act acts as a barrier to majoritarian impulses that seek to impose one religion’s interests over others, ensuring that the Constitution’s guarantees of equality and fraternity are upheld.

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The Places of Worship (Special Provisions) Act, 1991, plays a crucial role in preserving communal harmony by maintaining the status quo of religious structures as they existed on August 15, 1947. By preventing legal disputes over the status of religious sites, the Act promotes national unity and safeguards constitutional integrity. However, its effectiveness depends on its strict enforcement and the commitment to upholding secular values in governance, ensuring that religious issues do not become tools for political polarization.

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