Context
The Supreme Court has decided to hear an appeal challenging the order of a civil court in Varanasi which allowed inspection, survey and videography at the Gyanvapi Mosque complex.
- The petitioner contended that the Civil Court order upheld by Allahabad High Court is “clearly prohibited” by The Places of Worship (Special Provisions) Act, 1991.
About Places of Worship Act, 1991
- It was passed in 1991 by the P V Narasimha Rao-led government.
- The law seeks to maintain the “religious character” of places of worship as it was in 1947 — except in the case of the Ram Janmabhoomi-Babri Masjid dispute, which was already in court.
- The law was brought in at the peak of the Ram Mandir movement, exactly a year before the demolition of the Babri Masjid.
What are its provisions?
- Anti-conversion: Section 3 of the Act bars the conversion, in full or part, of a place of worship of any religious denomination into a place of worship of a different religious denomination — or even a different segment of the same religious denomination.
- Holiness of a place: Section 4(1) declares that the religious character of a place of worship “shall continue to be the same as it existed” on August 15, 1947.
- Litigation: Section 4(2) says any suit or legal proceeding with respect to the conversion of the religious character of any place existing on August 15, 1947, pending before any court, shall abate — and no fresh suit or legal proceedings shall be instituted.
- Exception for Ayodhya: Section 5 stipulates that the Act shall not apply to the Ramjanmabhoomi-Babri Masjid case, and to any suit, appeal or proceeding relating to it.
What is the recent controversy?
- The temple-mosque complex in Varanasi clearly shows that the mosque stands over a rundown temple.
- Videography shows the presence of Hindu deities inside the mosque.
- Right-wing propagandists highlight the intention of Aurangzeb behind leaving remnants of the temple to keep reminding communities of their historical fate and to remind coming generations of rulers of their past glory and power.
What does it say about Ayodhya, and what else is exempted?
- The Act does not apply to Ram Janma Bhumi Babri Masjid.
- Besides the Ayodhya dispute, the Act also exempted:
- any place of worship that is an ancient and historical monument or an archaeological site, or is covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958
- a suit that has been finally settled or disposed of
- any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced
