The Places of Worship (Special Provisions) Act, 1991, aimed at preserving the religious character of places of worship as they stood on August 15, 1947, faces legal challenges.
- The Shahi Jama Masjid dispute in Sambhal, Uttar Pradesh, has reignited debates on the Act’s applicability.
The Shahi Jama Masjid Dispute
- Background:
- Petitioners claim the mosque, built around 1528 by Mir Hindu Beg, stands on an ancient Hari Har Mandir (Hindu temple).
- Architectural features, including stone masonry with dome and arches, suggest ties to pre-existing structures.
- Similar disputes exist in Varanasi (Gyanvapi) and Mathura (Krishna Janmabhoomi).
- Judicial and Administrative Involvement:
- A Sambhal district court ordered a survey; clashes ensued after a second attempt.
- The site is protected under the Ancient Monuments Preservation Act, 1904, and recognized as a Monument of National Importance by the Archaeological Survey of India (ASI).
- Conflict with the Act:
- Petitioners challenge the Places of Worship Act, 1991, which forbids changing a site’s religious identity post-1947.
The Places of Worship (Special Provisions) Act, 1991
- Purpose:
- Preserve religious status of worship places and maintain communal harmony.
- Key Provisions:
- Section 3: Prohibits religious conversions of sites.
- Section 4(1): Mandates maintaining the religious status of sites as on August 15, 1947.
- Section 4(2): Stops legal proceedings over conversion disputes before the Act.
- Section 5 (Exceptions): Exempts Babri Masjid-Ram Janmabhoomi and certain ancient sites under the 1958 Act.
- Section 6: Prescribes penalties for violation, including imprisonment up to 3 years.
- Supreme Court Observations:
- Allowed inquiries into sites’ religious character without changing their identity (May 2022).
Concerns associated with the Act
- Judicial Overreach: Limits judicial review and undermines the judiciary’s role in dispute resolution.
- Cutoff Date: The 1947 cutoff date is criticized as arbitrary and restrictive for reclaiming places by communities.
- Inconsistencies: Exemptions, such as Ayodhya, raise concerns of bias and selectivity.
- Communal Impact: Legal debates often escalate tensions, impacting India’s secular fabric.
- Political Misuse: Risks of turning religious site issues into electoral or ideological tools.
Way Forward
- Judicial Clarifications: The Supreme Court must define clear guidelines for the Act’s application.
- De-politicization: Religious disputes must be resolved without political interference.
- Prevent Local Overreach: Jurisdiction of lower courts needs limits to avoid exacerbating sensitive issues.
- Community Harmony: Fostering unity over divisions through education, dialogue, and shared cultural narratives.
The Shahi Jama Masjid dispute underscores the complexities surrounding historical and religious claims in India. A balanced interpretation of the Places of Worship Act, ensuring both legal clarity and communal harmony, is vital to preserving India’s secular and pluralistic identity.
