Gyanvapi case raises a challenge to Places of Worship Act 1991

Subject: Polity

Section: Legislation in news

Context:

Calls to hand over the Gyanvapi mosque to the Hindus have come even after appeals by the Anjuman Intazamia Masjid in the Supreme Court to protect the Places of Worship (Special Provisions) Act of 1991 from becoming a dead letter.

Details of News

Hindu petitioners assert that the Gyanvapi mosque stands on the original site of an ancient Hindu temple dedicated to Lord Shiva, demolished by Mughal emperor Aurangzeb in the 17th century to build the mosque. They seek permission for worship within the mosque compound.
The Anjuman Intezamia Masjid Committee, managing the Gyanvapi mosque, contends it’s been a mosque for centuries and the Places of Worship Act, 1991, prohibits changing the religious character of any place of worship existing as of August 15, 1947.

The Places of Worship Act 1991

The Places of Worship Act, 1991 is a law enacted by the Parliament of India to prohibit the conversion of any place of worship and to maintain the religious character of any place of worship as it existed on August 15, 1947, the day India attained independence.
The Act was passed in the aftermath of the Babri Masjid demolition in 1992, which sparked communal riots across the country. The Act aimed to preserve communal harmony and respect the sentiments of all religious communities in India.

The main features of the Act are:

It bars the conversion of any place of worship, such as a temple, mosque, church, gurudwara, or monastery, into a place of worship of a different religious denomination or sect.
It declares that the religious character of a place of worship existing on August 15, 1947 shall continue to be the same as it was on that day.
It abates any pending legal proceedings regarding the conversion of the religious character of any place of worship before August 15, 1947, and prohibits any new suits or appeals on this matter.
It exempts certain places from its purview, such as ancient monuments and archaeological sites covered by another law, places of worship that have been settled or resolved by mutual agreement or court verdicts, and the Ram Janmabhoomi-Babri Masjid site in Ayodhya, which is subject to a separate legislation.
It prescribes penalties for violating the provisions of the Act, including imprisonment for up to three years and a fine.

The significance of the Act is:

It seeks to uphold the secular fabric of India and protect the rights and interests of all religious communities.
It aims to prevent further disputes and conflicts over places of worship that may disturb the public order and peace.
It reflects the commitment of the Indian state to respect the historical and cultural legacy of various faiths and their places of worship.