The Supreme Court’s recent interim order halts the registration of new suits related to disputes over places of worship. The decision, led by Chief Justice Sanjiv Khanna, aims to prevent litigation that could threaten India’s secular fabric, including cases involving surveys of religious sites.
Supreme Court Decision
- Court’s Support for the Act: The Supreme Court’s recent order affirms the continued validity of the Places of Worship Act, underscoring its role in safeguarding religious harmony.
- By preventing disputes over religious sites, the Act aims to avert divisive actions that could heighten communal tensions.
- India’s Constitutional Framework: The Court’s decision reinforces India’s secular constitution, emphasizing that the judicial system must protect the secular fabric of the nation.
- The order seeks to prevent the legal system from being misused to promote religious polarization or deepen societal divides.
- Political Motivations Behind Lawsuits: The Court’s intervention comes amid growing concerns over politically motivated lawsuits involving religious sites.
- These cases, often driven by groups seeking to reclaim sites allegedly lost to invaders, have the potential to disturb social harmony.
- If allowed to proceed unchecked, such suits could undermine India’s pluralistic values and national unity.
- Judicial Prudence and its Role in Secularism: In this context, the judiciary’s role becomes crucial in safeguarding the constitutional values of equality, justice, and religious tolerance.
- By being cautious about the long-term implications of such disputes, the Court helps ensure that political agendas do not jeopardize the unity of the nation.
| Place of Worship Act and 2023 Supreme Court JudgementPlaces of Worship (Special Provisions) Act, 1991: Places of Worship (Special Provisions) Act, 1991 prohibit conversion of any place of worship and provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947.Babri Masjid-Ram Janmabhoomi: The Act came in the light of the Babri Masjid-Ram Janmabhoomi dispute, this was specifically kept outside its purview as since the dispute was already sub-judice when the law was passed.Gyanvapi Mosque Survey: In August 2023, Justice D.Y. Chandrachud allowed the Gyanvapi mosque survey in Varanasi amidst claims it was built over a temple.Set a Precedent?: Critics, however, fear the order may set a precedent for revisiting religious site disputes, potentially conflicting with the Act’s intent to maintain the status quo of worship sites.For instance, in Sambhal, Uttar Pradesh, clashes erupted after a court approved a mosque survey. |
|---|
Conclusion
The judiciary must be vigilant in ensuring that motivated cases, particularly those driven by political agendas, do not threaten the unity and integrity of the nation. It is also crucial that courts continue to act in a manner that preserves the constitutional values of equality, justice, and religious tolerance for all citizens.
Q. The Places of Worship (Special Provisions) Act, 1991, is aimed at preventing the disturbance of communal harmony. Evaluate its role in ensuring national unity and constitutional integrity. (10 M, 150 words)
