Legal landscape shifts as SC prepares to hear places of worship pleas

Apex Court to Deliberate on the Validity of the 1991 Law Amidst Claims to Reclaim Religious Sites. The Supreme Court is set to hear a batch of petitions challenging the Places of Worship (Special Provisions) Act, 1991, a law designed to maintain the religious status of places of worship as they existed on August 15, 1947, igniting discussions about its constitutional validity and implementation.

Contentious Claims and Legal Challenges

Cross petitions seek both to challenge and uphold the act. The Supreme Court will hear arguments about the validity of the Act. Several petitions challenge the validity of specific provisions of the 1991 law, while cross-petitions seek its strict enforcement to maintain communal harmony and preserve the current status of mosques. The court's decision to examine AIMIM chief Asaduddin Owaisi's plea for effective implementation highlights the complexity of the matter.

Apex Court Intervention

Restraining Fresh Suits and Maintaining Status Quo. Recognizing the sensitivity of the issue, the Supreme Court has restrained lower courts from entertaining fresh suits or passing orders in pending cases seeking to reclaim religious places, particularly mosques and dargahs. This intervention effectively puts a hold on proceedings in approximately 18 lawsuits filed by Hindu parties seeking surveys to ascertain the original religious character of several mosques, including the Gyanvapi in Varanasi and Shahi Idgah Masjid in Mathura.

Key Sections Under Scrutiny

Examining the Scope and Contours of Sections 3 and 4. The primary focus of the Supreme Court's examination will be Sections 3 and 4 of the 1991 Act, which address the bar on conversion of places of worship and the declaration of their religious character, respectively. The court aims to determine the scope and expanse of these provisions in light of the challenges raised against the law.

Historical Context and Communal Harmony

Balancing legal provisions with concerns for social cohesion. The Places of Worship Act was enacted against the backdrop of heightened communal tensions surrounding the Ram Janmabhoomi-Babri Masjid dispute. While the Act aimed to freeze the status of religious places and prevent further disputes, its validity has been questioned, with some arguing that it infringes on religious freedom, while others maintain it is essential for preserving communal harmony.