The Supreme Court of India on Monday adjourned the hearing of pleas challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991, which preserves the character of religious places as they existed on August 15, 1947.
Hearing Deferred To March
A bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar informed the advocates that the case required a three-judge bench, whereas the current bench was a two-judge combination.
“We will not take up the Places of Worship Act matter today. It is a three-judges matter. Too many petitions have been filed. List sometime in March. There is a limit to interventions being filed,” the CJI stated.
Key Petitions And Opposition
Several organizations and individuals have filed applications against the petitions challenging the 1991 Act, arguing that any reconsideration of the law would open the “floodgates of litigation” against numerous religious sites across India. Among those opposing the pleas are:
- Indian National Congress
- CPI(ML)
- AIMIM leader Asaduddin Owaisi
- Jamiat Ulama-I-Hind
- All India Muslim Personal Law Board
- Gyanvapi Mosque Management (Anjuman Intezamia Masjid)
- Shahi Idgah Mosque Committee (Mathura)
These organizations have urged the Supreme Court to dismiss the petitions against the Act.
Challengers To The 1991 Act
The petitioners challenging the Act include:
- Maharaja Kumari Krishna Priya (Daughter of Kashi Royal Family)
- BJP leader Subramanian Swamy
- Former MP Chintamani Malviya
- Retired Army Officer Anil Kabotra
- Advocates Chandra Shekhar & Ashwini Upadhyay
- Religious Leaders: Swami Jeetendranand Saraswati & Devkinandan Thakur Ji
Their petitions argue that the 1991 Act:
- Violates the right to equality and religious freedom by preventing Hindus, Jains, Buddhists, and Sikhs from restoring their places of worship.
- Unfairly excludes Ayodhya but includes Mathura, despite both being incarnations of Lord Vishnu.
- Takes away the right to judicial remedy, closing the option to legally reclaim religious sites.
Supreme Court’s Previous Orders
On December 12, 2024, the Supreme Court restrained all courts across India from issuing any effective interim or final orders, including orders of survey, in pending cases against existing religious structures.
The court also ruled that no fresh suits regarding such claims should be registered until it resolves the matter.
About The Places Of Worship Act, 1991
The Act prohibits altering the religious character of any place of worship as it stood on August 15, 1947, except Ayodhya’s Ram Janmabhoomi case. It imposes strict penalties for violations.
What’s Next?
With the case now scheduled for March 2025, the Supreme Court’s decision could have far-reaching implications on religious and historical disputes across India.
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