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Critical Topics and Their Significance for the UPSC CSE Examination on December 09, 2024

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Special Bench to hear Places of Worship Act case

For Preliminary Examination: Current events of antional and international importance

For Mains Examination:  GS II Indian Polity & Governance

Context:

Three-judge SC Bench headed by Chief Justice Sanjiv Khanna to look into petitions seeking to ‘reclaim’ places of worship allegedly ‘encroached’ by ‘fundamentalist invaders’; first hearing fixed on Dec. 12; ‘grievances’ against Mughal rulers not a valid ground to challenge validity of a legislative enactment, says group representing Gyanvapi mosque

Read about:

Places of Worship Act

Key takeaways:

• Chief Justice of India Sanjiv Khanna has established a Special Bench to address petitions disputing the constitutionality of the Places of Worship (Special Provisions) Act of 1991. This law aims to preserve the identity and character of religious places as they stood on August 15, 1947.
• The three-judge Bench, led by Chief Justice Khanna and including Justices Sanjay Kumar and K.V. Viswanathan, is set to hold its first hearing on December 12 at 3:30 p.m. The court's causelist, released on Saturday, confirmed the case's assignment to this newly formed Bench.
• The petitions challenge the 1991 Act's validity, with one of the petitioners, advocate Ashwini Kumar Upadhyay, arguing that the legislation prevents Hindus, Jains, Buddhists, and Sikhs from seeking legal recourse to reclaim places of worship allegedly encroached upon by "barbaric invaders."
• In response, Muslim organizations such as the All India Muslim Personal Law Board (AIMPLB) and the Jamiat Ulama-i-Hind have opposed the petitions. They argue that these challenges, disguised as public interest litigations, attack a Central law that upholds the principles of secularism and fraternity, enshrined in the Preamble and considered part of the Constitution’s “Basic Structure.” The 1991 Act, they contend, safeguards the religious character of sites and prevents the use of historical grievances to harm the present and future.

• The AIMPLB has referenced the Ayodhya judgment, which acknowledged that the 1991 Act is critical to preserving the nation’s historical and social harmony. The judgment noted that the law unequivocally asserts that historical wrongs cannot serve as tools for present-day oppression.
• Meanwhile, the Gyanvapi mosque management committee has sought to intervene in the case. The Gyanvapi mosque is embroiled in multiple lawsuits filed by Hindu claimants asserting the existence of a temple beneath the mosque and their right to worship there.
• The Anjuman Intezamia Masajid Varanasi, representing the mosque, has countered these claims, arguing that grievances based on actions of Mughal-era rulers cannot justify invalidating a law like the Places of Worship (Special Provisions) Act

Follow Up Question

Q. The Places of Worship (Special Provisions) Act, 1991, is significant in maintaining communal harmony in India. Which of the following statements regarding the Act is/are correct?

1. The Act prohibits the conversion of any place of worship from its existing religious character as of August 15, 1947.

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