The Supreme Court on Monday adjourned the hearing of petitions challenging the validity of the Places of Worship (Special Provisions) Act, 1991, which aims to preserve the religious character of places of worship as they existed on August 15, 1947.
A bench consisting of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar informed the lawyers representing the case that the matter requires a three-judge bench for a hearing, but the current bench was a two-judge combination. As a result, the case will be heard on another date.
The CJI also expressed concern over the numerous intervention applications filed in the case, emphasizing that there should be a limit to such filings. “We will not take up the Places of Worship Act matter today. It is a three-judge matter. Too many petitions have been filed. We will list it sometime in March. There is a limit to interventions being filed,” the CJI stated.
Various parties, including political and religious organizations such as the Indian National Congress, CPI(ML), All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) leader Asaduddin Owaisi, Jamiat Ulama-I-Hind, the India Muslim Personal Law Board, and management committees of mosques like the Gyanvapi complex and Shahi Idgah mosque, filed intervention applications. They argued that entertaining the petitions challenging the Places of Worship Act would open the door for numerous litigations concerning mosques across India. They urged the court to dismiss the petitions that are challenging the Act’s validity.
The petitions currently before the Supreme Court challenge the constitutional validity of Sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act, 1991. These sections prohibit any alteration in the religious character of places of worship, arguing that the Act violates secularism, equality, and religious freedom, which are core principles of the Indian Constitution. The petitioners contend that the Act infringes upon fundamental rights, including the right to equality and freedom of religion.
The Act imposes penalties for altering the religious nature of any place of worship, and the petitioners argue that it denies Hindus, Jains, Buddhists, and Sikhs the right to restore places of worship and pilgrimage sites that were destroyed during invasions.
On December 12, the Supreme Court had issued a restraining order preventing all courts in the country from passing any interim or final orders, including orders for surveys, in ongoing cases involving religious structures. It also directed that no new lawsuits be filed on such issues while the court is deliberating on the constitutional validity of the Places of Worship Act.
Among those who have filed petitions against the Act are prominent figures such as Maharaja Kumari Krishna Priya, daughter of the Kashi royal family; BJP leader Subramanian Swamy; former Member of Parliament Chintamani Malviya; retired army officer Anil Kabotra; and advocates Chandra Shekhar and Ashwini Upadhyay. They contend that the Act denies Hindus, Jains, Buddhists, and Sikhs the right to challenge the destruction of their religious sites and pilgrimage destinations.
The petitions also highlight that the Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, despite both being incarnations of Lord Vishnu and equally revered worldwide. The petitioners argue that this distinction unfairly limits their rights to judicial recourse.
