The Supreme Court of India, under the leadership of Chief Justice Sanjiv Khanna, began hearing a critical batch of petitions on December 12, 2023. These petitions challenge the constitutional validity of the Places of Worship (Special Provisions) Act, 1991, a legislation that froze the status of places of worship as they existed on August 15, 1947. This Act prohibits any legal action aimed at altering such status. The hearing represents a pivotal moment for India’s secular identity, with the potential to influence communal harmony and the future course of secular ideals in the nation.
The Scope and Exemptions of the Act
The Act includes notable exemptions:
- The Babri Masjid-Ram Janmabhoomi dispute was kept outside its ambit, a case eventually decided in favor of constructing the Ram temple.
- It does not apply to monuments and sites covered under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
- Additionally, disputes already resolved, agreements reached before the enactment of the law, or conversions through acquiescence are excluded.
Despite these exemptions, the Act remains a cornerstone of India’s secular framework, ensuring that places of worship remain undisturbed by historical controversies.
The Grounds of the Challenge
Petitioners argue that the Act legitimizes historical injustices, such as the alleged demolition of temples by invaders to construct mosques. They claim the Act infringes upon the right to reclaim religious sites, manage places of worship, and propagate faith. Ironically, they also argue that the Act contradicts the principle of secularism. However, their contention risks undermining secularism itself by fueling attempts to reopen divisive disputes, such as those targeting the Gyanvapi Mosque in Varanasi, the Shahi Idgah Mosque in Mathura, and the Shahi Jama Masjid in Sambhal.
Judicial Endorsement of Secular Values
The Ayodhya judgment of the Supreme Court provides strong support for the Act. The five-judge Bench unequivocally stated that the 1991 Act enforces India’s secular commitment by preventing the reversal of historical wrongs through the misuse of judicial forums. It recognized the Act as a “legislative intervention” vital for preserving secularism.
As the apex court deliberates, there is cautious optimism that it will uphold the constitutional vision of secularism and the legislative mandate against revisiting historical disputes. Any dilution or annulment of the 1991 law risks inflaming communal tensions and undermining decades of progress toward coexistence.
Vocabulary with Hindi Meanings
| Word | Meaning (Hindi) | Description |
|---|---|---|
| Secularism | धर्मनिरपेक्षता | The principle of separating religion from the state or ensuring equal treatment for all religions. |
| Ambit | सीमा | The range or scope of something, especially authority or influence. |
| Mandate | जनादेश | An official order or commission to do something; often reflects public approval. |
| Retrospection | पुनरावलोकन | The action of reviewing past events or situations, often to analyze or evaluate. |
| Acquiescence | मौन सहमति | The reluctant acceptance of something without protest. |
| Legislation | कानून | Laws or rules made by a governing body. |
| Petition | याचिका | A formal request submitted to an authority, often for a specific legal purpose. |
| Historical Wrongs | ऐतिहासिक गलतियां | Injustices or mistakes committed in the past, often cited in disputes. |
| Harmony | सामंजस्य | A state of peaceful coexistence and agreement among different groups. |
| Dispute | विवाद | A disagreement or argument, especially one that is prolonged or public. |
| Judiciary | न्यायपालिका | The system of courts that interprets and applies the law. |
| Commitment | प्रतिबद्धता | A pledge or dedication to a cause, activity, or belief. |
| Intervention | हस्तक्षेप | The act of interfering in a situation to influence its outcome. |
| Plaintiff | वादी | A person who brings a case against another in a court of law. |
| Contend | तर्क करना | To argue or state something firmly, often in a legal or competitive context. |
| Constitutional | संवैधानिक | Relating to the constitution or fundamental principles of a state. |
| Revocation | निरसन | The action of canceling or rescinding a law, order, or agreement. |
| Redressal | निवारण | The act of setting right a wrong or providing remedy for an issue. |
| Non-retrogression | अनावर्तन | A principle that prevents reverting to a previous, less progressive state. |
| Propagate | प्रचार करना | To spread and promote an idea, belief, or knowledge widely. |
| Preserve | सुरक्षित रखना | To maintain something in its original or existing state. |
| Obligation | दायित्व | A legal or moral responsibility or duty. |
| Exemption | छूट | Freedom from a rule, obligation, or duty that applies to others. |
| Principle | सिद्धांत | A fundamental truth or belief that serves as the foundation for behavior or reasoning. |
| Remedy | उपाय | A solution or cure to fix a problem or rectify a wrong. |
| Survival | अस्तित्व | The state of continuing to live or exist, especially under challenging conditions. |
| Trajectory | मार्ग | The path followed by an object, idea, or event as it moves forward. |
| Influence | प्रभाव | The capacity to affect the behavior or decisions of others. |
| Malign | हानिकारक | Harmful or evil in nature, often associated with intent to cause damage. |
| Motivated Litigation | प्रेरित मुकदमेबाजी | Legal actions initiated with a specific, often personal or biased, intent. |
| Demolition | विध्वंस | The act of destroying or tearing down structures or institutions. |
| Depredation | लूटपाट | Acts of attacking or plundering, causing destruction or loss. |
| Parliament | संसद | The supreme legislative body of a country. |
| Bar | रोक | To prohibit or prevent something from occurring. |
| Freeze | स्थिर करना | To fix or hold something in place, preventing changes. |
| Violation | उल्लंघन | The act of breaking a law, rule, or agreement. |
| Future Course | भविष्य की दिशा | The direction or path that events are likely to take in the future. |
| Cautious Optimism | सतर्क आशावाद | A hopeful outlook that is tempered by awareness of potential challenges. |
| Uphold | बनाए रखना | To maintain or support something, such as a principle or decision. |
| Annulment | निरस्त | The act of declaring something invalid, especially in a legal context. |
| Inflame | भड़काना | To provoke or intensify strong emotions, often leading to conflict. |
| Reclaim | पुनः प्राप्त करना | To take back something that was lost, stolen, or occupied. |
| Communal Relations | सामुदायिक संबंध | The interactions and relationships between different religious or social communities. |
| Litigation | मुकदमेबाजी | The process of taking a dispute to court for resolution. |
| Irony | विडंबना | A situation where the actual outcome is contrary to what was expected. |
| Safeguard | संरक्षण | Measures taken to protect something from harm or loss. |
| Judgment | निर्णय | A formal decision made by a court regarding a legal matter. |
| Historical Injustice | ऐतिहासिक अन्याय | Wrongdoings of the past that continue to affect the present. |
| Plaint | शिकायत | A formal complaint brought to a court of law. |
| Legitimacy | वैधता | The quality of being lawful, valid, or justifiable. |