The Places of Worship (Special Provisions) Act, 1991
📌 Background & Purpose
Enacted in September 1991 during communal tensions after the Ram Janmabhoomi–Babri Masjid dispute, this Act aimed to maintain communal harmony by freezing the religious character of all places of worship as they existed on 15th August 1947.
The law reflects a constitutional principle of secularism (Articles 25–28) and ensures that historical disputes over religious places do not become a permanent source of conflict.
📌 Main Provisions of the Act
1. Section 3 – Bar on Conversion
Prohibits conversion of any place of worship from one religion to another, or changing its religious character.
✅ Example: A temple cannot be converted into a mosque, church, or vice versa.
2. Section 4 – Religious Character as on 15 August 1947
Declares that the religious character of a place of worship shall continue to be the same as it existed on 15 August 1947.
Any pending cases relating to changing the character of a place of worship automatically abate (stand cancelled).
3. Section 5 – Exception for Ayodhya
Specifically excludes the Ram Janmabhoomi–Babri Masjid site from the Act.
This allowed ongoing litigation in Ayodhya to continue (which later led to the 2019 Supreme Court verdict).
4. Section 6 – Penalties
Punishable with imprisonment up to 3 years and fine for:
Converting or attempting to convert a place of worship.
Abetting or participating in such conversion.
5. Section 7 – Cognizable Offence
Such offences are cognizable and non-bailable, meaning police can arrest without a warrant.
📌 Important Case Laws
1. M. Siddiq (D) v. Mahant Suresh Das (Ayodhya Case, 2019, SC)
SC upheld the validity of the 1991 Act, stating it is a key feature to protect secularism.
It emphasized that the Act protects the status quo of religious places to prevent fresh disputes, except Ayodhya.
The Court noted that Parliament intended to curb retroactive claims on places of worship, ensuring peace and harmony.
2. Ashwini Upadhyay v. Union of India (2020–Pending, SC)
A PIL challenged the constitutional validity of the Act, arguing that:
It violates Article 25 & 26 (freedom of religion).
It bars judicial review, violating Article 32 & 226.
The matter is pending in Supreme Court, but the Court has not stayed the Act’s operation.
3. Gyanvapi Mosque Case (2022, Varanasi Court & Allahabad HC)
The Act was invoked in arguments against changing the religious character of Gyanvapi Mosque.
However, courts allowed limited surveys to determine the structure’s nature, stating that as long as the worship rights are not altered, it may not directly violate the Act.
The matter remains contentious and is under judicial consideration.
📌 Significance of the Act
Protects Secularism → By freezing the status quo of religious places, it avoids reopening old disputes.
Prevents Communal Violence → Stops conversion of temples, mosques, churches, gurudwaras, etc.
Balances History & Harmony → Recognizes India’s diverse religious heritage without allowing communal claims over centuries-old disputes.
Exception of Ayodhya → Shows that Parliament allowed one sensitive issue to be resolved through litigation while preventing others.
✅ In summary:
The Places of Worship (Special Provisions) Act, 1991 is a landmark law that seeks to preserve communal peace by maintaining the religious identity of all places of worship as they stood on 15 August 1947, with the sole exception of Ayodhya. Courts, especially in the Ayodhya verdict (2019), have strongly upheld the Act as an expression of India’s secular values. However, ongoing challenges in the Supreme Court (like the Gyanvapi issue) keep its constitutional scope under debate.
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