Introduction:
India is a secular federal republic state. Religion has historically influenced the Indian society in various instances such as a political, cultural, and economic level. With the forty second amendment in 1976, the Preamble to the Constitution asserted that India is a secular state. It has equal status to all religions in the country. It cannot give special rights to any religion in the country. The constitution of India provides freedom of conscience and the right to profess, practice and propagate religion. India is the second-largest populated country in the world. It includes the majority of the world’s Hindus and the second-largest group of Muslims in the country after Indonesia. By 2050, India’s Muslim population will grow to 311 million, making it the largest Muslim population in the world, according to Pew Research Centre projections[1].
In past decades we have witnessed a sharp increase in religious violence. The history of modern India has witnessed some incidents of communal violence between various religions in the country. In India, the religious violence mainly involved Hindus and Muslims. The mass killings and other atrocities have impacted the country very harshly. There were several violence against Hindus, Muslims, Sikhs, and Christians. Last year we heard the decade long Ayodhya disputes verdict by the SC, as it handed over the disputed site to a trust to build a Ram Janmbhoomi temple and ordered the government to give an alternate five-acre plot Sunni Waqf Board to build a mosque.
Several other disputes were arising. Recently after the Ayodhya verdict, the Vishwa Bhadra Pujari Purohit Mahasangh has filed PIL challenging section 4 of 91’ religious places of worship act, as it prevents from converting any religious place into another. The Mahasangh claims that there were several Hindu places of worship and were later converted. The Jamiat has also moved to Supreme Court against scrapping this article, as it will create fear in the people of the country. And there will be signs of religious violence. The 91’ law is a legislative instrument design to protect the secular features of the Indian polity, which is one of the basic features of the Constitution.
The Places of Worship (Special Provisions) Act, 1991
When the Babri Masjid-Ram Janmbhoomi dispute was at its height (Ayodhya Case) in 1990. The Hindu organizations also laid claim to two other mosques in Varanasi and Mathura subsequently. And they spoke of reclaiming about 3000 mosques across the country. So, there was a need for religious equality. The then Prime Minister P V Narsimha Rao’s government enacted a special law to freeze the status of Places of Worship as they were on the Independence Day. No person in the country has the right to convert or demolish any place of worship of any religious denomination into another.
The Places of Worship (Special Provisions) Act, 1991 has barred the courts from entertaining litigation regarding the change of ownership of religious places. 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[2].
“Place of worship” means a temple, mosque, gurudwara, church, monastery, or any other place of public religious worship of any religious denomination or any section thereof, by whatever name called, according to the Section 2(c) of the act[3]. The Places of Worship (Special Provisions) Act, 1991, does not apply to the Ram Janmbhoomi- Babri Masjid dispute as according to section 5 of the act[4]. Anyone found violating the law would face up to three years jail term and shall also be liable to fine as per section 6 of the act. There were two main objectives of the act. First, it prohibits the conversion of any place of worship, and second, it seeks the positive obligation to maintain the religious character of every place of worship as on Independence Day. Historical wrongs cannot be remedied by the people now, the people can’t take the law into their hands.
The then Home Minister of India S B Chavan said, “We see this Bill as a measure to provide and develop our glorious traditions of love, peace, and harmony”.[5]In the recent five-judge verdict in Ayodhya Dispute, it concluded that the Places of Worship (Special Provisions) Act, 1991 impose a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution[6].
Controversies regarding the Scrapping of 1991 Religious Places Law
The Hindu Organization Vishwa Bhadra Pujari Purohit Mahasangh has filed PIL in the Supreme Court of India for the scrapping of The Places of Worship (Special Provisions) Act, 1991. The PIL is ostensibly to revive litigation on disputed sites in Varanasi and Mathura. The act has barred all the courts from entertaining any litigation regarding these incidences except the Ram Janmbhoomi-Babri Masjid dispute. After the Hindu organizations’ petition, the Muslim organization Jamiat Ulama-i-Hind has officially countered the plea as they have filed impleadment plea in the Supreme Court.
The Hindu Organization through Vishnu S Jain argued that many temples and places of worship of Hindus were convert into mosques and we have the right to prove historical ownership of these places but the 1991 Religious Places Law has barr the action regarding this. Section 4 of the Places of Worship (Special Provisions) Act, 1991 prevents Hindus from reclaiming those places of worship, which were earlier Hindu religious structures but were later convert into mosques. The 91’ religious law prohibits the conversion of any religious structure.
The act assumes significance in the Kashi and Mathura disputed sites. The PIL filed by a Hindu organization sought the court to declare section 4 of The Places of Worship (Special Provisions) Act, 1991 as unconstitutional. The Hindu community through petition claims that it, “Deprives the right of Hindu community under Article 26 from maintaining and managing the religious properties belonging to deity usurped by members of the other community. Takes away the remedy of Hindus to take back the places of worship and property attached thereto through court”.[7]
The Muslim organization Jamiat Ulama-i-Hind represented by Adv. Ejaz Maqbool countered the petition by filing an impleadment application in SC. Jamiat said they should be heard before issuing notice in this matter. The Jamiat community highlighted the Ayodhya judgment that held, “law cannot be used as a device to reach back in time and provide a legal remedy to every person who disagrees with the course which history has taken”.[8]
The act seeks the positive obligation to maintain the religious character of every place of worship as on the Independence Day. The Jamiat community said that the court should not issue the notice. As it will create fear in the minds of the Muslim community. They will be insecure of their places of worship. After the tense situation of Ayodhya dispute where the disputed site was given to the Hindu Community. Another five-acre plot was given to the Muslim community for the construction of the mosque. It will also destroy the secular fabric of the nation.
The Jamiat’s petition said it indirectly targets the places of worship of Muslims in the country. During the hearing of the Ayodhya Dispute case, before the court. There was a list of numerous mosques on social media alleging. That the said mosques were built by destroying Hindu religious places. If the court entertains the petition made by the Hindu community; it will open floodgates of litigations against the numerous courts in the country. There will be a religious divide in the country. It will affect the country heavily. After the Ayodhya Dispute, it is recovering. If the court issues notice it will be only widened. There will be bloodsheds and riots all over the country between the Hindus and Muslims.
Conclusion
As a secular state, the country needs to have equal status to all religions in the country. The court must protect the secular fabric of the nation. There should be no religious violence on these issues. Historical wrongs can’t be remedied by the people by taking law into their hands. Both sides should be heard and it should promote peace and harmony in the country.
References:
[1] https://www.pewresearch.org/search/religions+in+india
[2]http://legislative.gov.in/sites/default/files/The%20Places%20of%20Worship%20%28Special%20Provisions%29%20Act%2C%201991.pdf
[3]See, http://legislative.gov.in/sites/default/files/The%20Places%20of%20Worship%20%28Special%20Provisions%29%20Act%2C%201991.pdf
[4]http://legislative.gov.in/sites/default/files/The%20Places%20of%20Worship%20%28Special%20Provisions%29%20Act%2C%201991.pdf
[5] https://www.thehindu.com/news/national/what-does-the-places-of-worship-act-protect/article29993190.ece
[6] https://www.newindianexpress.com/nation/2020/jun/14/muslim-body-moves-sc-opposing-hindu-organisations-plea-against-place-of-worship-act-1991-2156530.html
[7] https://www.nationalheraldindia.com/india/hindu-body-moves-supreme-court-on-1991-law-on-religious-sites
[8] https://www.thehindu.com/news/national/jamiat-challenges-hindu-body-plea-in-sc-to-quash-law-on-places-of-worship/article31826069.ece
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