Courts should not allow suits that seek to convert places of worship

Courts should not allow suits that seek to convert places of worship

Subject :Polity

Section: Legislation in news

Context:

• Allahabad High Court order to appoint a commissioner to inspect the Shahi Idgah  Mosque in Mathura, the Supreme Court has stalled for a while a likely move to get the  status of the place of worship altered through the courts.

What is the Places of Worship Act?

• It was enacted to freeze the status of religious places of worship as they existed on August 15, 1947, and prohibits the conversion of any place of worship and ensures the maintenance of their religious character.

Major Provisions of the Act:

• Prohibition of Conversion (Section 3):
  • Prevents the conversion of a place of worship, whether in full or part, from one religious’ denomination to another or within the same denomination.
• Maintenance of Religious Character (Section 4(1)):
  • Ensures that the religious identity of a place of worship remains the same as it was on August 15, 1947.
• Abatement of Pending Cases (Section 4(2)):
  • Declares that any ongoing legal proceedings concerning the conversion of a place of worship’s religious character before August 15, 1947, will be terminated, and no new cases can be initiated.
• Exceptions to the Act (Section 5):
  • The Act does not apply to ancient and historical monuments, archaeological sites, and remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
  • It also excludes cases that have already been settled or resolved and disputes that have been resolved by mutual agreement or conversions that occurred before the Act came into effect.
  • The Act does not extend to the specific place of worship known as Ram Janmabhoomi-Babri Masjid in Ayodhya, including any legal proceedings associated with it.
• Penalties (Section 6):
  • Specifies penalties, including a maximum imprisonment term of three years and fines, for violating the Act.

Criticism:

• Bar on Judicial Review:
  • Critics argue that the Act prevents judicial review, which is a fundamental aspect of the Constitution.
• Arbitrary Retrospective Cutoff Date:
  • The Act is criticized for using an arbitrary date (Independence Day, 1947) to determine the status of religious places.
• Violation of the Right to Religion:
  • Critics claim that the Act infringes upon the religious rights of Hindus, Jains, Buddhists, and Sikhs.
• Violation of Secularism:
  • Opponents argue that the Act violates the principle of secularism, which is a core component of the Constitution, and favours one community over others
• Exclusion of Ayodhya Dispute:
  • The Act is specifically criticized for excluding the land involved in the Ayodhya dispute.
• Supreme Court’s Stance on the Act:
  • The Supreme Court views the Places of Worship Act as a legislative intervention that upholds the commitment to secularism, a fundamental aspect of the Indian Constitution.