Supreme Court Of India Adjourns Hearing In Places Of Worship Act

The Supreme Court on Monday postponed the hearing of petitions challenging the validity of the Places of Worship (Special Provisions) Act, 1991. This law maintains the religious character of places of worship as they existed on August 15, 1947.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar stated that the case required a three-judge bench, whereas the current bench consisted of only two judges.

The matter will be taken up on a later date.

CJI Khanna also expressed concern over the excessive number of intervention applications being filed in the case. “We will not take up the Places of Worship Act matter today. It is a three-judge matter. Too many petitions have been filed. List sometime in March. There is a limit to interventions being filed,” he remarked.

Several organizations and individuals, including the Indian National Congress, CPI(ML), AIMIM chief Asaduddin Owaisi, Jamiat Ulama-I-Hind, the All India Muslim Personal Law Board, the management committee of Gyanvapi Mosque, and the Shahi Idgah Mosque committee of Mathura, have filed applications opposing the petitions against the Act.

They argue that allowing these challenges could lead to a flood of litigations against numerous mosques across India. Their petitions request the Supreme Court to dismiss the challenges to the law.

The apex court is currently handling multiple petitions questioning the constitutional validity of Sections 2, 3, and 4 of the 1991 Act. These sections prohibit altering the religious nature of any place of worship and impose strict penalties for violations. The petitioners argue that the law violates fundamental rights, including the right to equality and freedom of religion. They also claim it contradicts the principles of secularism and the rule of law, both integral to the Indian Constitution.

On December 12, the Supreme Court issued a directive preventing all courts in the country from passing any interim or final orders, including those related to surveys, in ongoing cases concerning existing religious structures. The court also prohibited the registration of new suits regarding such claims while it hears the challenge to the Places of Worship Act.

Notable petitioners challenging the law include Maharaja Kumari Krishna Priya, daughter of the Kashi Royal Family; BJP leader Subramanian Swamy; former MP Chintamani Malviya; retired army officer Anil Kabotra; advocates Chandra Shekhar and Rudra Vikram Singh; religious leaders Swami Jeetendranand Saraswati and Devkinandan Thakur Ji; and advocate Ashwini Upadhyay.

The Hindu petitioners argue that the Act unfairly prevents Hindus, Jains, Buddhists, and Sikhs from reclaiming their places of worship and pilgrimage, which were destroyed by invaders. They also highlight that while the law exempts the birthplace of Lord Rama, it does not make similar provisions for the birthplace of Lord Krishna, despite both being incarnations of Lord Vishnu and equally revered.

Furthermore, they contend that the Act unjustly removes their right to seek judicial remedy by prohibiting legal challenges in court.

The Supreme Court’s final ruling on the matter is expected to have significant implications for religious and legal discourse in India.

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