Places of Worship

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The Supreme Court is set to decide the future of the Places of Worship (Special Provisions) Act, 1991, amid challenges affecting secularism in India.

The Supreme Court will hear petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. The law maintains the status of all places of worship as they were on India’s Independence Day, barring any suits to alter this status. Exemptions include the Babri Masjid-Ram Janmabhoomi dispute and sites under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The Act also excludes disputes settled before 1991.

The petitions come amid attempts to target mosques like the Gyanvapi mosque and Shahi Idgah mosque. Petitioners argue that the Act legitimizes historical invasions and restricts the right to reclaim places of worship through legal means. They also claim it violates religious freedom and the principle of secularism, which could be undermined if historical claims are reopened.

The 1991 Act aims to preserve communal harmony and prevents “non-retrogression” in secular values. The Ayodhya judgment affirmed the Act as critical for enforcing secularism. Any ruling diluting the Act could have significant consequences on India’s secular and communal framework. For now, the Supreme Court is unlikely to depart from the Constitution’s secular vision and Parliament’s intent behind the Act.