What Is Place Of Worship Act 1991 And Why Some Are Calling For Its Repeal

BJP MP Harnath Singh Yadav on Monday demanded in the Rajya Sabha that the Places of Worship Act, 1991 should be repealed.

Yadav, an MP from Uttar Pradesh made the demand during the Zero Hour, alleging the law impinges on the religious rights of Hindus, Sikhs, Jains and Buddhists provided under the Constitution.

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'Places of Worship Act is unconstitutional'

"Places of Worship Act is completely illogical and unconstitutional. It takes away the religious rights of Hindus, Sikhs, Buddhists and Jains under the Constitution.

"It is also damaging communal harmony in the country. Therefore, I urge the government to immediately repeal this law in the interest of the nation," he said.

This law, Yadav contended, violates the principles of equality and secularism provided in the Constitution. He also pointed out that the law prohibits judicial review.

Yadav is the latest name in the growing chorus demanding the repeal of the Place of Worship Act.

What is Places of Worship Act

The legislation prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.

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The act defines 'place of worship' as "a temple, mosque, gurudwara, church, monastery or any other place of public religious worship of any religious denomination or any section thereof, by whatever name called."

The Place of Worship Act which came into effect in July 1991 was introduced by the then Congress government of Prime Minister PV Narasimha Rao. The law was brought in the backdrop of the growing campaign for the Ram temple in Ayodhya.

Places of Worship Act and Ayodhya

Significantly, the disputed site in Ayodhya, where the Babri Masjid then stood, was exempted from the ambit of the law.

BCCL

It also exempted places of worship which is an ancient and historical monuments, or an archaeological site covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

Places of Worship Act in Gyanvapi, Shahi Eidgah cases

In recent years, there have been several legal challenges questioning the validity of the Place of Worship Act.

Both in the Gyanvapi mosque complex in Varanasi and the Krishna Janmabhoomi-Shahi Eidgah suit in Mathura, the Muslim sides have argued that the Hindu side's demand to access and right to worship there is in violation of the law.

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Legal challenges against Places of Worship Act

It should be noted that in July 2023, the Supreme Court had agreed to examine the Act and said that ascertaining the religious character of a place was not barred under the Places of Worship Act.

BJP leader and SC lawyer, Ashwini Upadhyay who was one of the petitioners had argued that sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act, 1991 be set aside on grounds, including that these provisions take away the right of judicial remedy to reclaim a place of worship of any person or a religious group.

BCCL

The petition alleged that the 1991 law creates an "arbitrary and irrational retrospective cut-off date" of August 15, 1947, for maintaining the character of the places of worship or pilgrimage against encroachment done by "fundamentalist-barbaric invaders and law-breakers".

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