Daily Current Affairs : 9-December-2024
The Supreme Court of India has recently set up a three-judge Special Bench to examine the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. This Act plays a significant role in maintaining the religious status of places of worship in India and has been the subject of various legal challenges. In this essay, we will explore the key aspects of the Act and its implications.
Objective of the Act
The primary aim of the Places of Worship (Special Provisions) Act, 1991 is to preserve the religious status of places of worship as they stood on August 15, 1947, the day India gained independence. The Act seeks to prevent the conversion of these sites to any other religion, ensuring that their original character is maintained.
Key objectives include:
- Freezing the status of religious places as of August 15, 1947.
- Preventing any changes in the religious character of these sites.
Major Provisions of the Act
The Act consists of several provisions that ensure the protection of the religious identity of worship places. Some of the major provisions are:
- Prohibition of Conversion (Section 3):
- This section forbids the conversion of places of worship from one religion to another or between different sects or denominations of the same religion.
- Maintenance of Religious Character (Section 4):
- This provision mandates the preservation of the religious identity of the places of worship as it existed on August 15, 1947. No alteration can be made to the religious status of these sites.
- Abatement of Pending Cases (Section 4(2)):
- Any legal proceedings related to the conversion of places of worship that were pending before the Act’s passage are terminated. It also prohibits the filing of new cases concerning such conversions.
Exceptions to the Act
While the Act is largely aimed at maintaining the status quo, there are certain exceptions. These include:
- Ram Janmabhoomi-Babri Masjid Case:
- The Act does not apply to the Ram Janmabhoomi-Babri Masjid dispute, allowing for specific legal proceedings related to this case.
- Ancient Monuments:
- Places that are protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 are excluded from the provisions of the Act.
- Mutual Agreements:
- The Act does not affect any disputes that were resolved by mutual agreement before the Act was enacted.
Important Points:
- Objective of the Act (1991):
- Freezes the status of religious places as of August 15, 1947.
- Prevents any conversion of places of worship to maintain their original religious character.
- Key Provisions:
- Prohibition of Conversion (Section 3):
- Disallows the conversion of places of worship between religions or sects.
- Maintenance of Religious Character (Section 4):
- Ensures the preservation of the religious identity of places of worship as of August 15, 1947.
- Abatement of Pending Cases (Section 4(2)):
- Terminates legal proceedings related to the conversion of religious sites that were pending before the Act’s enactment.
- Prohibits the filing of new cases related to conversion.
- Prohibition of Conversion (Section 3):
- Exceptions:
- Ram Janmabhoomi-Babri Masjid Case:
- The Act does not apply to this specific dispute.
- Ancient Monuments:
- Places under protection of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 are excluded from the Act.
- Disputes Settled by Mutual Agreement:
- The Act does not apply to disputes resolved by mutual agreement before its enactment.
- Ram Janmabhoomi-Babri Masjid Case:
- Significance:
- Aims to preserve the religious character of places of worship in India.
- The Supreme Court has set up a Special Bench to examine the constitutional validity of the Act.
Why In News
The Supreme Court of India has constituted a three-judge Special Bench to hear petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991, a law that aims to preserve the religious character of worship places in the country. The outcome of this case could have significant implications for how religious disputes over such sites are handled in the future.
MCQs about The Places of Worship (Special Provisions) Act, 1991
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What is the primary objective of the *Places of Worship (Special Provisions) Act, 1991*?
A. To allow the conversion of religious sites
B. To freeze the status of places of worship as they were on August 15, 1947
C. To regulate the construction of new places of worship
D. To promote interfaith dialogue
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What does Section 4(2) of the *Places of Worship (Special Provisions) Act, 1991* do?
A. Allows new religious conversions at worship sites
B. Terminates pending cases related to religious conversions of worship places
C. Permits the construction of new religious sites
D. Freezes the legal status of places of worship
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Which of the following is an exception to the *Places of Worship (Special Provisions) Act, 1991*?
A. All places of worship built after 1947
B. The Ram Janmabhoomi-Babri Masjid case
C. Any new religious disputes
D. Places under the protection of the Wildlife Protection Act
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Who is responsible for examining the constitutional validity of the *Places of Worship (Special Provisions) Act, 1991*?
A. The President of India
B. The Prime Minister of India
C. A three-judge Special Bench of the Supreme Court
D. The Parliament of India
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