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Supreme Court’s Directives on Places of Worship Act, 1991
Context:
The Supreme Court of India has issued a nationwide directive prohibiting courts from entertaining new suits or issuing orders to survey mosques for underlying temple structures.
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- The directive restrains courts from registering fresh suits or issuing orders in ongoing cases related to mosque surveys.
- The bench emphasised that trial courts cannot “overreach” the Supreme Court, especially while the apex court deliberates on the Places of Worship (Special Provisions) Act, 1991.
- The next hearing is scheduled for February 17, 2025.
- The Union government has been granted four weeks to clarify its stance on the Act, a response awaited for over two years.
Places of Worship Act, 1991
- Enacted to preserve the religious character of places of worship as they stood on August 15, 1947.
- The Act prohibits altering the religious nature of sites, with penalties for violations.
- Exemptions were granted to the Ram Janmabhoomi-Babri Masjid site due to ongoing litigation at the time.
- The court reiterated the significance of the Places of Worship Act in protecting the secular fabric of the nation.
- The 2019 Ayodhya verdict highlighted the Act’s role in ensuring equality and preventing the revisiting of settled issues.
Recent Legal Challenges
- Petitions have sought to challenge the constitutionality of the Act, arguing it violates fundamental rights to reclaim historical religious sites.
- Cases such as the Gyanvapi Mosque in Varanasi and the Shahi Idgah Mosque in Mathura have fueled debates over historical grievances.
Conclusion
The Supreme Court’s directive marks a critical intervention in a contentious issue involving religion, history, and law. By stalling fresh litigation and pending orders, the judiciary has prioritised communal harmony and the rule of law.
