Supreme Court Hearing on Places of Worship Act (1991)
On February 17, 2025, the Supreme Court addressed the ongoing challenge to the Places of Worship Act (Special Provisions) Act of 1991. This law is pivotal in maintaining the identity and character of religious sites as they stood on Independence Day, August 15, 1947.
Case Proceedings and Delays
- The case has been pending for over four years, with the government repeatedly delaying the filing of a counter-affidavit.
- Eight orders from the Supreme Court between October 2022 and December 2024 have recorded the government being granted time to file its response.
- On February 17, 2025, the court, led by Chief Justice Sanjiv Khanna, adjourned the case to the first week of April.
- During the hearing, concerns were raised about the numerous petitions being filed, and the court allowed for applications introducing new legal grounds.
Participants and Legal Representation
- Senior advocates such as Kapil Sibal, A.M. Singhvi, and others represented various parties, including minority organizations and political parties.
- The Centre was represented by Solicitor General Tushar Mehta and advocate Kanu Agrawal.
Arguments in Support of the 1991 Act
- Proponents argue the Act prevents retrogression and communal tensions by prohibiting the conversion of religious sites.
- They assert that recent local court orders violate Sections 3 and 4, which protect the religious character of sites as of 1947.
Challenges to the 1991 Act
- Opponents claim the Act restricts Hindus, Jains, Buddhists, and Sikhs from reclaiming sites allegedly encroached upon by historical invaders.
- On December 12 of the previous year, the Supreme Court prohibited civil courts from taking new actions on claims to reclaim temples destroyed in the 16th century.
Judicial Observations
- Justice K.V. Viswanathan noted in a prior hearing that Section 3 of the Act reflects foundational Constitutional principles.