2.3.4 Section 3:
Bare Act provisions:
3. Bar of conversion of places of worship.—No person shall convert any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section thereof.
Interpretation and Explanation:
This section explicitly prohibits the conversion of any place of worship from one religious denomination to another or from one sect to another within the same religion. It is designed to maintain the religious character of places of worship as it was on August 15, 1947. It justifies the injustice and cruelty done by invaders and foreign rulers in past with the religious places belonging to various communities at that time. The provision is prohibiting the act of conversion of religious nature of a place of worship. Although the law was in force for more than 33 years, but no redressal mechanism established under the Act that could address the post-independence conversions of places of worship across the nation if any happened.
The court’s observations on the right to worship and state actions on religious places align with the intent of Section 3 to prevent unauthorized or unilateral changes in religious character. The court’s approach to such disputes supports the legislative intent of Section 3 by emphasizing the need for legal processes in any change of religious use or character of land.[1]
This provision is clear and direct, aiming to prevent any alteration in the religious identity of places of worship, which could lead to communal discord. While there might not be a plethora of cases directly interpreting this specific section due to its straightforward nature, the judiciary has consistently supported the principles of maintaining the status quo of religious places for peace and harmony.
References:
[1] Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association [2000 AIR SCW 3089]
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