Places of Worship (Special Provisions) Act, 1991
The Act aims to prohibit the conversion of any place of worship and maintain the religious character of such places as it was on August 15, 1947.
Key Provisions:
- Religious Character:
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- The Act mandates that the religious character of a place of worship shall remain as it was on August 15, 1947.
- Prohibition on Conversion:
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- No person shall convert any place of worship of one religious denomination into that of another denomination or section.
Exemptions:
- Ayodhya Dispute:
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- The disputed site at Ayodhya was specifically exempted, allowing the trial in the case to proceed despite the Act’s enforcement.
- Ancient Monuments:
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- Any place of worship classified as an ancient and historical monument or archaeological site under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, is exempted.
- Settled or Acquiesced Disputes:
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- Cases settled by the parties, finalized suits, or conversions that occurred with acquiescence before the commencement of the Act are excluded.
Criticism:
- Judicial Review:
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- Critics argue that the Act bars judicial review, violating a basic feature of the Constitution.
- Retrospective Cutoff:
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- The law is said to impose an arbitrary and irrational retrospective cutoff date (August 15, 1947).
- Religious Rights:
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- It allegedly abridges the religious rights of Hindus, Jains, Buddhists, and Sikhs, as guaranteed under the Constitution.
