The Supreme Court of India has agreed to hear a petition filed by Asaduddin Owaisi, the leader of the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM), calling for the enforcement of the Places of Worship (Special Provisions) Act, 1991.
The hearing is scheduled for February 17, 2025, alongside other related petitions.
Owaisi’s plea, filed on December 17, 2024, urges the government to ensure effective implementation of the law, which aims to preserve the religious character of places of worship as they existed on August 15, 1947. The Act, passed during the tenure of Prime Minister P.V. Narasimha Rao, was a direct response to the intense Ram temple movement of the 1990s. It prohibits the alteration of the religious nature of any place of worship and aims to prevent reopening historical disputes, particularly those tied to India’s colonial history. However, the Act notably excludes the Ram Janmabhoomi-Babri Masjid dispute, which was resolved by the Supreme Court in 2019.
Owaisi’s petition comes amid rising cases in which Hindu litigants have sought the reclamation of mosques and dargahs, claiming they were originally temples demolished by invaders centuries ago. His counsel, Fuzail Ahmad Ayyubi, pointed to instances where courts have ordered surveys of mosques following such claims, fueling concerns over the uneven enforcement of the law.
The bench, led by Chief Justice Sanjiv Khanna, indicated that Owaisi’s plea would be heard in conjunction with several ongoing cases concerning the Places of Worship Act. On December 12, 2024, the Court had restrained lower courts from hearing new cases or issuing interim orders regarding the reclamation of religious sites, including mosques and dargahs. This follows growing concerns about religious tensions surrounding these issues.
During the December 12 hearing, Chief Justice Khanna referenced the 2019 Ayodhya judgment, which invoked the Places of Worship Act to emphasize the importance of preserving the status quo of religious sites. He remarked, “The law speaks to our history and to the future of the nation. Independence was a watershed moment to heal the wounds of the past. Historical wrongs cannot be remedied by the people taking the law into their own hands.”
The Places of Worship Act has long been viewed as vital for maintaining communal harmony by preventing disputes over religious sites from sparking further divisions. However, its application has become increasingly controversial as new cases challenge the law’s provisions and the status of religious sites across the country. With the Supreme Court set to hear these critical cases, the future of the Act and its role in safeguarding peace among India’s religious communities remains uncertain.
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