What is the Places of Worship Act? Understanding Its Significance and Ongoing Controversies

Learn about the Places of Worship Act, its historical context, significance in India’s secular framework, and how recent controversies are undermining its principles. Discover the impact on communal harmony and political dynamics.

 

The Places of Worship Act is a piece of legislation introduced to freeze religious identities of places of worship as they were on August 15, 1947. It aimed to prevent conflicts stemming from historical disputes over religious sites, ensuring that the nature of religious sites—be it a mosque, temple, church, Buddhist vihara, or any other—remains unchanged.

 

BJP government is responsible for Sambhal violence and deaths – Rihai Manch

 

India, with a civilization spanning over 3,000 years, has witnessed prolonged conflicts among religions and sects. During this time, many religious sites were built, destroyed, or altered. The bitterness from these events still lingers. To shield India’s present and future from such a divisive past, the Places of Worship Act was enacted in 1991. The law offered a logical exit point to move beyond bloodshed and animosity tied to such disputes.

 

However, the law excluded two key points:

 

The Ram Janmabhoomi-Babri Masjid dispute, as it was already under judicial scrutiny.
It overrode any other state or central law that conflicted with its provisions.

 

Rising Violence in Sambhal, Uttar Pradesh: A Tragedy Unfolds, 5 Muslims killed in police firing

In 2021, certain right-wing activists challenged the Act, labeling it unconstitutional and against Hindu sentiments. The Supreme Court, instead of dismissing the petition outright, sought the government’s opinion on the matter. This opened a “can of worms,” stirring existing tensions. The court also declined to impose a blanket stay on efforts to challenge the Act, indirectly encouraging lower courts to take similar petitions seriously. This led to several judicial surveys and investigations, further escalating communal strife.

 

Rising Communal Tensions and Political Opportunism

 

Today, some leaders in Uttar Pradesh have begun using judicial orders to conduct surveys of disputed religious sites. This has set a dangerous precedent, where regions like Sambhal are witnessing conflicts. The phenomenon is not limited to Uttar Pradesh; attempts to polarize votes through communal narratives are spreading across India.

 

Shahnawaz Alam Urges CJI to Act Against Judge for Accepting Unlawful Plea on Jama Masjid Sambhal

 

Mosques, Islamic shrines, and properties managed by the Waqf Board are becoming focal points for potential riots. Beyond religious sites, even non-religious historical properties are being targeted under the guise of reclaiming “cultural heritage.” These disputes are not only fueling tensions but paving the way for violent confrontations.

 

The Role of Judiciary and Society’s Intelligentsia

 

Justice D.Y. Chandrachud’s bench, which entertained the plea against the Act, has been criticized for not taking a firm stand to safeguard India’s future. However, blaming him alone would be unfair. India’s educated and influential elite also shares the blame, as many prioritize personal gains over societal responsibilities.

 

Places of Worship (Special Provisions) Act, 1991 [Paperback] Professional

 

The nation’s institutions—police, government, judiciary, media, and intelligentsia—are increasingly being seen as complicit in this decline. Society’s fabric is being torn apart, with each faction seeking its share of power, leaving the common populace to bear the brunt.

 

This situation warns of a grim future, where communal strife will escalate, and the country’s legacy will be one of division and bloodshed.

 

What is the Places of Worship Act Understanding Its Significance and Ongoing Controversies

Translated from the original Hindi article by social activist, thinker Manish Singh

 

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