SC Halts Religious Sites Surveys Amid Challenges to Places of Worship Act
The Supreme Court of India has paused all surveys and legal actions involving places of worship while examining the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. This decision, made by a bench led by Chief Justice Sanjiv Khanna along with Justices PV Sanjay Kumar and KV Viswanathan, prevents new suits and orders in existing cases until further hearings. The court has also directed lower courts not to pass any survey orders in related disputes.
Key Highlights:
- Purpose of the 1991 Act: The Act prohibits altering the religious character of any place of worship as it existed on August 15, 1947. It aims to maintain communal harmony by restricting claims related to religious conversions or historical disputes over worship sites.
- Petitions Challenging the Act: Various groups have filed pleas, arguing that the Act infringes on the constitutional rights of Hindus, Jains, Buddhists, and Sikhs to reclaim sites altered by historical invasions. Petitioners argue it violates rights under Articles 25 and 26 of the Constitution and principles of secularism.
- Government Response: The Supreme Court has granted the Centre four weeks to respond to these petitions, with additional time for rejoinders. Hearings will resume after pleadings are complete.
- Broader Implications: The court’s ruling temporarily halts contentious suits, such as those involving mosques and temples, that could reignite historical disputes. Critics of the petitions argue that allowing such cases undermines the secular fabric of the Constitution and the principle of non-retrogression established in the Ram Janmabhoomi verdict.
The case has drawn nationwide attention, highlighting tensions between historical grievances and constitutional mandates for communal harmony. Further developments depend on the Centre’s response and subsequent court proceedings.
