2.3.8 Section 7:
Bare Act Provisions:
7. Act to override other enactments.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act.
Explanation and Interpretation:
Section 7 establishes that the provisions of the 1991 Act will prevail over any other existing laws that may conflict with its intent and purpose. This overriding clause is significant in ensuring that the Act’s primary objective to preserve the religious character of places of worship remains intact against any other legal challenges or claims. But this provision does not address the forceful claim of Hindu religious places by Waqf Board.
The intention behind this provision is to prevent any attempts to alter the status of religious sites that could lead to communal discord. However, it has also led to concerns, particularly among Hindu groups, who argue that the Act inherently protects certain religious sites while sidelining claims related to other faiths, especially those pertaining to Hindu temples. This section declares that the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.
Section 8 of the Act was repealed by the Repealing and Amending Act, 2001, hence not discussed here in this study. The aim of this study is to find out the significance, meaning and applicability of the provisions of the Act which are in force. Now let us further find out the conflicts and criticism of the Act in next chapter.
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