Explained: Places Of Worship Act 1991, How It Preserves Status Quo At Religious Places

The Gyanvapi Masjid in Varanasi, which stands near to the Kashi Vishwanath Mandir, is at the middle of a multi-layered court dispute. A jury in Varanasi ordered the Archaeological Survey of India (ASI) to investigate the architecture of the Gyanvapi Masjid.

The Allahabad High Court, on the other hand, ordered an interim stay on the Varanasi court's ruling to the ASI on Thursday. In addition, the country's apex court is hearing a number of petitions related to the Gyanvapi Masjid-Kashi Vishwanath Mandir controversy.

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The Allahabad High Court's stay order was based on the Places of Worship Act, 1991. The law forbids any transformation in a location of worship's religious character from what it was on August 15, 1947.

What is the law about?

The purpose of the Act, which was passed in 1991 by the P V Narasimha Rao-led Congress regime, was to lock the position or "religious identity" of any house of worship as it existed on August 15, 1947. It was meant to pre-empt new allegations by any community about the previous designation of any holy place, as well as efforts to reclaim the buildings or property on which they stood. It was desired that the law would aid in the long-term preservation of peaceful coexistence.

Even before agreeing to investigate the legislation, the court unlocked the way to lawsuits in numerous religious sites across the nation, including Mathura and Varanasi.

The Places of Worship Act arrived in the late 1980s and early 1990s as part of the campaign to build the Ram Mandir in Ayodhya. In the particular instance of the Babri Masjid-Ram Janmabhoomi title suit, the legislation made an exception. However, it held that the legislation would pertain in all other cases.

What are its main characteristics?

The Act states that a site of worship's religious trait must remain the same as it was on August 15, 1947. It asserts that nobody ever shall translate any religious denomination's holy site into one of a distinct denomination or section. It asserts that each and every lawsuit, appeals, or other proceedings pertaining to transforming the character of the area of worship that are pending before any court or authority on August 15, 1947, will be terminated as soon as the legislation becomes effective. There can¡¯t be any further legal proceedings.

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However, there is an exception to the prohibition on implementing new deliberations in cases involving conversions of status that occurred after August 15, 1947. This saves judicial proceedings, lawsuits, and appeals concerning the possibility of status that occurred after the cut-off date.

These clauses do not pertain to ancient and historic landmarks, archaeological locations, and is still protected by the Ancient Monuments and Archaeological Sites and Remains Act, 1958; a lawsuit which has been eventually settled or discarded of; or any disagreement which has been settled by the stakeholders or conversion of any place that occurred by acquiescence prior to the Act's commencement.

The Law was not applied to the Ayodhya place of worship known as Ram Janmabhoomi-Babri Masjid. It stated that this legislation will take precedence over all other laws currently in force.

Is there a penalty provision in the Act?

Anyone who violates the bar on changing the status of a place of worship liable to prosecution. Anyone who violates the prohibition faces up to 3 years imprisonment and a penalty under the law.

Those who aid and abet or participate in a criminal conspiracy to commit this offence will face the same punishment, even if the violation is not committed as a result of such abetment or as part of the conspiracy.

What is the current state of Gyanvapi Masjid and Idgah?

Local priests submitted a bunch of petitions in Varanasi state court in 1991, seeking approval to worship inside the Gyanvapi premises. In 2019, the appellants requested that the ASI conduct a survey of the Gyanvapi premises. In 2021, the Allahabad High Court ordered a stay at the ASI survey. The most recent controversy involves the routine worship of Shringar Gauri and other idols within the Gyanvapi complex.

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In Mathura, too, the Allahabad High Court restored a plea asking for the abolishment of Mathura's Shahi Idgah Masjid, which is near to a Krishna Mandir, in March 2022, after a Mathura state court had rejected a plea seeking the abolishment of the masjid earlier in 2020.

Ajay Kumar Misra was assigned as court officer by Civil Judge (Senior Division) Ravi Kumar Diwakar and was tasked with conducting a study and videography of Shringar Gauri and other deities positioned on Gyanvapi complex.

When the court commissioner arrived at the Gyanvapi site on May 6 to undertake a survey and videography as directed by the court, the defendant's attorneys questioned the commissioner's fairness and requested that he be replaced. On May 7, the Anjuman Intejamia Masjid Committee filed an application with the court, requesting that the court commissioner be changed.

Now the recent 'Tejo Mahalaya' controversy

The Taj Mahal controversy, where few claim that it was a Shiv Temple called Tejo Mahalaya, took an unusual turn in 2015 when some petitioners filed a lawsuit asserting they should be permitted to perform "darshan" and "aarti" inside the monument since it is a Shiv Temple.

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It claimed that there are 109 archaeological possibilities and historical evidence to support the claim that it was a Shiv Temple. According to the petition, the architect also indicates it to be a "Shiwala."

The latest petition, on the other hand, demanded that 20 Taj Mahal halls be opened and that the ASI be asked to investigate the possible existence of Hindu idols.

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