The Supreme Court of India, on Monday, deferred the adjudication of petitions contesting the constitutionality of the Places of Worship (Special Provisions) Act, 1991.
This statute enshrines the status quo of religious sites as of August 15, 1947, barring any alterations to their historical character.
The bench, presided over by Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar, underscored the necessity of a three-judge panel for hearing the case, noting that the present composition of two judges was insufficient. Consequently, the matter has been rescheduled for a subsequent hearing.
Chief Justice Khanna also voiced concern over the proliferation of intervention applications in the matter, asserting, “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.”
Several political entities and religious organizations, including the Indian National Congress, CPI(ML), AIMIM leader 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 interceded in defense of the Act.
They argue that allowing challenges to its provisions could precipitate widespread legal disputes concerning numerous mosques nationwide. Their submissions urge the Supreme Court to summarily dismiss the petitions contesting the law.
The Supreme Court is currently seized of multiple petitions challenging the constitutional validity of Sections 2, 3, and 4 of the 1991 Act, which preclude modifications to the religious identity of any place of worship and impose stringent penalties for contraventions.
The petitioners contend that these provisions infringe upon fundamental rights, including the right to equality and the freedom to practice religion. Furthermore, they assert that the Act is incongruent with the principles of secularism and the rule of law, both of which are foundational to the Indian Constitution.
On December 12, the Supreme Court issued a nationwide directive restraining all courts from issuing interim or final orders, including survey mandates, in pending disputes concerning religious structures. It further decreed a moratorium on the registration of new suits on such matters until the present challenge to the Places of Worship Act is resolved.
Prominent litigants challenging the Act include Maharaja Kumari Krishna Priya, scion of the Kashi Royal Family; BJP leader Subramanian Swamy; former Member of Parliament Chintamani Malviya; retired military officer Anil Kabotra; advocates Chandra Shekhar and Rudra Vikram Singh; as well as religious figures such as Swami Jeetendranand Saraswati and Devkinandan Thakur Ji. Advocate Ashwini Upadhyay has also petitioned against the Act.
The Hindu petitioners assert that the legislation unjustly disenfranchises Hindus, Jains, Buddhists, and Sikhs from reclaiming their historically significant sites of worship and pilgrimage that were allegedly desecrated or repurposed by past invaders. They further contend that while the Act exempts the birthplace of Lord Rama, it fails to extend similar recognition to the birthplace of Lord Krishna, despite both being manifestations of Lord Vishnu and venerated globally.
Additionally, they argue that the statute effectively denies them access to judicial redress by foreclosing legal avenues for contesting such claims.
Court’s eventual verdict on this matter is poised to hold far-reaching consequences for the interplay between religious rights and constitutional jurisprudence in India.
Sr Advocate Mr Rakesh Dwivedi appeared for Main Petioner Ashwini Kumar Upadhyay
Mr Vikas Singh appeared in connected matter for Karunesh Shukla
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