2.3 The Places of Worship (Special Provisions) Act, 1991:
After going through all the points discussed in both the houses of Parliament, let us try to understand provisions of the Act which are in force.
2.3.1 Preamble
THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991
ACT NO. 42 OF 1991 [18th September, 1991.]
An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-second Year of the Republic of Bharat as follows:—
Interpretation and Explanation:
The Places of Worship (Special Provisions) Act, 1991, has a preamble that sets out its main objectives. Here is an explanation of each term in the preamble. Following are the objectives of the Act:
1. Prohibit Conversion of Any Place of Worship: This term refers to the legal prohibition against changing the religious identity of a place of worship from one religion to another or even within different sects of the same religion post-Independence. The Supreme Court upheld the Act, emphasizing that historical wrongs cannot be remedied by individuals taking the law into their own hands, thereby affirming the Act’s prohibition on conversion. During the hearing of the Ayodhya case, the question of Constitutional validity of the said Act was raised, but the Court explained it as separate issue and kept the question for future in any other relevant case. After that many litigations were filed to address the Constitutional validity of the said Act.[1]
2. Maintenance of the Religious Character: This means that the religious nature or denomination of a place of worship must be preserved as it was on August 15, 1947. No changes to this character are allowed that would alter its original religious use or identity. In the Ram Janmabhoomi-Babri Masjid case, although this site was explicitly exempted from the Act, the broader interpretation by the Supreme Court in 2019 upheld the Act’s purpose in promoting secularism and equality among all religions. The court noted that the Act reflects Bharat’s commitment to secularism, which includes maintaining the religious character of places of worship as a basic aspect.[2]
3. As it Existed on the 15th Day of August, 1947: This date marks India’s independence and serves as the cut-off point for determining the religious character of places of worship. The Act freezes this status to prevent disputes arising from historical claims or conversions. In short, by enforcing this Act, the ruling Government asked majority Hindu population to forget about the past glorious culture of the land. The Supreme Court’s decision in the Ayodhya case and subsequent discussions on the Act’s implications like in the Gyanvapi mosque case and Shahi Eidgah Case underline the importance of this date.[3] Critics have questioned the arbitrariness of this date, arguing it denies redress for pre-1947 injustices, but the court has upheld this aspect as crucial for communal peace.
4. Matters Connected Therewith or Incidental Thereto: This clause allows for the inclusion of related matters or actions necessary to support the primary objectives of the Act. This could involve legal procedures, enforcement mechanisms, or definitions that aid in the Act’s implementation. While specific judgments directly addressing this term are less apparent, the general judicial approach in cases like the Ayodhya dispute shows the courts’ inclination to interpret laws in a manner that supports the overarching goals of such legislation, including the preservation of communal harmony and the prevention of religious conflicts.[4]
These terms collectively aim to ensure that religious sites do not become flashpoints for communal tension by maintaining their historical religious character, thereby promoting peace and secular values in line with the Constitution’s ethos. However, the Act and its implementation have been subjects of debate, particularly regarding its exemptions (like the Ayodhya site) and the implications for judicial review and redress of historical grievances.
References:
[1] Ayodhya Judgment i.e. M. Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors, 2019, [AIRONLINE 2019 SC 1420]
[2] Ayodhya Judgment i.e. M. Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors, 2019, [AIRONLINE 2019 SC 1420]
[3] LawLex, Summary of Places of Worship (Special Provisions) Act, 1991 by Sudhanshu Upadhyay, Available at – https://lawlex.org/lex-pedia/summary-of-places-of-worship-special-provisions-act-1991/23611, Last visited December 7, 2024.
[4] Rajya Sabha Debate on the Places of Worship (Special Provisions) Bill, 1991 Dt. September 12, 1991.
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