Supreme Court to hear petitions on constitutionality of Places of Worship Act today

The Supreme Court of India is scheduled to hear petitions challenging the constitutionality of the Places of Worship (Special Provisions) Act, 1991, which prohibits the alteration of the religious character of places of worship to their pre-August 15, 1947 state. This law also disallows any legal proceedings aimed at reclaiming or altering such sites.

A special bench, consisting of Chief Justice Sanjiv Khanna and Justices PV Sanjay Kumar and KV Vishwanathan, will deliberate on the matter at 3:30 pm today. The petitions argue that the Act infringes upon the rights of Hindus, Jains, Buddhists, and Sikhs, preventing them from reclaiming places of worship and pilgrimage that were destroyed or altered by invaders.

Notable individuals, including Maharaja Kumari Krishna Priya of the Kashi Royal Family, BJP leader Subramanian Swamy, former MP Chintamani Malviya, and religious leaders such as Swami Jeetendranand Saraswati, have filed petitions against the Act. They contend that it violates the principles of secularism and deprives them of their right to manage, maintain, and restore sacred sites.

The petitioners also criticize specific provisions within the law, including Sections 2, 3, and 4, which they claim restrict religious practices and the right to judicial recourse. Section 3 bars the conversion of places of worship, while Section 4 prevents the initiation of lawsuits that seek to change the religious character of any place of worship from that of August 15, 1947.

The Jamiat Ulama-i-Hind, along with other Muslim organizations such as the All India Muslim Personal Law Board, has opposed the petitions, arguing that allowing these lawsuits would lead to widespread litigation targeting mosques across the country. The Anjuman Intezamia Masjid, responsible for managing the Gyanvapi mosque, has also intervened in the case to urge the dismissal of these pleas.

One of the petitioners raised concerns about the Act's exclusion of certain religious sites, claiming inconsistency in how the law treats different religious communities. The petitions also argue that the law unjustly limits the rights of Hindu, Jain, Buddhist, and Sikh communities while allowing Muslim communities to reclaim religious properties through separate provisions, such as those in the Waqf Act.

In essence, the petitioners contend that the Places of Worship Act not only violates several fundamental rights under the Constitution, including the rights to religious freedom, cultural heritage, and judicial remedy, but it also perpetuates an arbitrary and unjust status quo that prevents religious communities from reclaiming or managing their sacred spaces.