Places of Worship Act

15 Jul Places of Worship Act

This article covers “Daily Current Affairs” and the topic details “Places of Worship Act”. The topic “Places of Worship Act” has relevance in the Governance section of the UPSC CSE exam.

For Prelims:

About the Places of Worship Act?

For Mains:

GS 2: Governance

Criticism?

Supreme Court’s Stance?

Way Forward?

Why in the news?

The Supreme Court of India has adjourned the case regarding the validity of the Places of Worship Act of 1991, allowing the Centre until October 31, 2023, to clarify its stand on the matter.

What is the Places of Worship Act?

The Places of Worship Act, 1991,  was enacted with the objective of preserving the status and religious character of places of worship as they existed on August 15, 1947. The Act prohibits the conversion of any place of worship, ensuring that their religious identity remains unchanged.

Major Provisions of the Act:

• Prohibition of Conversion: Prevents the conversion of a place of worship from one religious denomination to another or within the same denomination.
• Maintenance of Religious Character: Ensures that the religious identity of a place of worship remains the same as it was on August 15, 1947.
• Abatement of Pending Cases: Terminates ongoing legal proceedings concerning the conversion of a place of worship’s religious character before August 15, 1947, and prohibits new cases.
• Exceptions to the Act: Excludes ancient and historical monuments, archaeological sites, and remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958. It also excludes cases already settled or resolved, and disputes resolved by mutual agreement or conversions before the Act’s implementation.
• Exclusion of Ayodhya Dispute: The Act does not extend to the specific place of worship known as Ram Janmabhoomi-Babri Masjid in Ayodhya, including associated legal proceedings.

Criticism:

• Bar on Judicial Review: Critics argue that the Act prevents judicial review, undermining the checks and balances system and limiting the judiciary’s role in protecting constitutional rights.
• Arbitrary Retrospective Cutoff Date: Critics argue that using August 15, 1947, as a cutoff date disregards historical injustices and denies redressal for encroachments before that date.
• Violation of the Right to Religion: Critics claim that the Act infringes upon the religious rights of certain communities by restricting their ability to reclaim and restore their places of worship.
• Violation of Secularism: Critics argue that the Act violates the principle of secularism and favors one community over others, undermining equal treatment of religions under the law.
• Exclusion of Ayodhya Dispute: The Act is criticized for excluding the land involved in the Ayodhya dispute, leading to concerns about differential treatment of religious sites.

Supreme Court’s Stance:

• The Supreme Court views the Places of Worship Act as a legislative intervention that upholds secularism and ensures equality among all religions.
• The Act enforces the constitutional obligation of the State to preserve places of worship for every religious community.

Way Forward:

• Conduct a comprehensive review of the Act to address criticisms and address any shortcomings.
• Ensure that the Act does not impede judicial review, allowing the judiciary to fulfill its role in safeguarding constitutional rights.
• Strike a balance between preserving the religious character of places of worship and respecting the rights of different communities.
• Facilitate public consultation and engagement to gather diverse perspectives, promote transparency, and ensure inclusivity in the decision-making process.
• Review the exclusion of specific sites, considering fairness, consistency, and the principles of equality and justice.

SOURCE:https://www.thehindu.com/news/national/validity-of-places-of-worship-act-sc-gives-centre-time-to-clarify-stand-adjourns-case-to-october-31/article67066721.ece

plutus ias current affairs eng med 15th July 2023

Q.1 Which of the following is true regarding the Places of Worship Act?

1. It was enacted to freeze the status of religious places of worship as they existed on August 15, 1947.
2. The Act allows for the conversion of a place of worship from one religious denomination to another.
3. It applies to ancient and historical monuments covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
4. The Act extends to the specific place of worship known as Ram Janmabhoomi-Babri Masjid in Ayodhya.

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2, and 4 only

ANSWER: C

Q.2 Consider the following criticism of the Places of Worship Act?

1. The Act allows for judicial review, undermining the constitutional checks and balances.
2. The Act was enacted in 1947, which is considered an arbitrary retrospective cutoff date.

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) None of the above

ANSWER: B

Q.3 Critically analyze the provisions and implications of the Places of Worship Act, 1991, in preserving the religious character of places of worship in India. Discuss its impact on secularism, the right to religion, and the principle of equality under the law.

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