Supreme Court notice to Central Government in challenge to ‘Places of Worship Act’ which mandates 1947 status quo for religious structures

New Delhi – The Supreme Court sought the response of the Central Government in a challenge to the ‘Places of Worship (Special Provisions) Act, 1991 (Act)’ which mandates that the character of all religious places of worship be maintained as it was on 15^th August 1947 and no suit or proceeding shall lie in a court of law with respect to the character of place of worship.

A Bench comprising Chief Justice of India, SA Bobde and AS Bopanna issued a notice to the Centre on a petition filed by advocate and BJP Spokesperson Ashwini Kumar Upadhyay.

The law which was introduced during the height of Ram Janmabhoomi movement seeks to protect the status of all religious structures as it stood on the date of Independence by barring Courts from entertaining cases which raises dispute over the character of such places of worship.

The Act, however, carved an exception for Ram-Janambhoomi site which was the basis for Courts including High Court and Supreme Court hearing that matter.

Upadhyay’s petition states that, “The Centre has barred the remedies against illegal encroachment on the places of worship and pilgrimages and now Hindus, Jains, Buddhists, Sikhs cannot file Suit or approach High Court under Article 226. Therefore, they won’t be able to restore their places of worship and pilgrimage including temples-endowments in spirit of Articles 25-26 and illegal barbarian act of invaders will continue in perpetuity”.

Upadhyay has contended that the Act created an ‘arbitrary irrational retrospective cut-off date, (by) declaring that character of places of worship-pilgrimage shall be maintained as it was on August 15, 1947 and no suit or proceeding shall lie in Court in respect of disputes against encroachment done by fundamentalist barbaric invaders and law breakers and such proceeding shall stand abated’.