Special Bench to hear Places of Worship Act case

Sub: Polity

Sec: legislation in news

Context:

Chief Justice of India Sanjiv Khanna has formed a Special Bench to hear petitions challenging the validity of the Places of Worship (Special Provisions) Act of 1991.
The three-judge Bench will begin hearings on December 12.

Details about the petitions:

The petitions, led by advocate Ashwini Kumar Upadhyay, argue that the Act prevents Hindus, Jains, Buddhists, and Sikhs from reclaiming places of worship allegedly encroached upon by historical invaders.

Opposition to the challenges:

Muslim organizations like the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulama-i-Hind oppose these petitions, asserting that the law upholds the constitutional values of fraternity and secularism.

Reference to Ayodhya Judgment:

The 1991 Act was upheld in the Ayodhya verdict, which stated that history’s wrongs should not be used to oppress the present or future generations.

Places of Worship Act:

The Places of Worship (Special Provisions) Act, 1991, protects the identity and character of religious sites as they existed on August 15, 1947.
It prohibits conversion of any religious place into a place of worship of a different religion and seeks to maintain communal harmony.
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.