Places of Worship Act, 1991 (Issues in the Sambhal mosque case)

Context: Recently, a Court ordered a survey of the 16th-century Shahi Jama Masjid in Sambhal district of Uttar Pradesh lead to violence and death. The Places of Worship Act states that the religious character of any place of worship as it existed on August 15, 1947, must be maintained.

Relevance of the topic: Prelims- Salient features of Places of Worship Act, 1991. 

About Places of Worship Act: 

  • The Places of Worship Act was enacted in 1991. 
  • Purpose: To freeze the status of religious places of worship as they existed on August 15, 1947, and prohibit the conversion of any place of worship and ensures the maintenance of their religious character. 
  • Exemptions: The Act does not apply to:
    • Ancient and historical monuments, archaeological sites, and remains under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. 
    • Cases resolved before 1991 or through mutual agreement.
    • Ram Janmabhoomi-Babri Masjid case (as the matter was subjudice when the Act was enacted).

Salient features of the Places of Worship Act:

  • Bar on conversion:
    • The Act prohibits conversion of one religious place of worship into another (E.g., mosque to temple or vice versa).
  • Preservation of religious character: 
    • Preserves the religious character of a place of worship as it existed on 15 August 1947.
  • No new civil proceedings:
    • Any suit with respect to conversion pending before the court dated earlier than 15 August 1947 shall abate (be dismissed or cease to proceed) and no new appeal shall lie before any Court.
  • Penalties (Section 6): 
    • Specifies penalties, including a maximum imprisonment term of 3 years and fines, for violating the Act. 
  • Upholding religious harmony: 

Practice Question:

Q. Consider the following statements with respect to the Places of Worship Act, 1991:

1. The Act bars the conversion of a place of worship and maintenance of religious character as it existed on the commencement of the Act.

2. It recognises only temple, mosque, gurudwara and church as a place of worship.

Which of the statements given above is/are correct?

(a) 1 only

(b)  2 only

(c)   Both 1 and 2

(d)  Neither 1 nor 2

Answer: (d) 

Explanation:

    • Statement 1 is incorrect: The act bars the conversion of a place of worship and maintenance of religious character as it existed on 15th of August 1947.

    • Statement 2 is incorrect: The Act does not limit the definition of “place of worship” to specific religions or denominations. It applies universally to all religious places, without discrimination, to ensure secularism and religious harmony.

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