Challenges To The Places Of Worship (Special Provisions) Act, 1991
- IJLLR Journal
- Apr 15
- 2 min read
Rahi P. Gaurihar, LL.M., ILS Law College, Pune
CHAPTER 1: INTRODUCTION
India, often celebrated as the world's largest democracy, prides itself on its diverse cultural tapestry and rich tapestry of religious traditions. This mosaic of beliefs and practices has been both a source of strength and, at times, a challenge to national unity. Amidst this religious diversity, the Places of Worship (Special Provisions) Act, 1991, emerged as a legislative attempt to address a complex and sensitive issue – the preservation of religious harmony and the protection of places of worship. The Places of Worship (Special Provisions) Act, 1991 is a landmark piece of legislation in the Indian context that aims to address complex issues surrounding places of worship. Enacted against a backdrop of historical and community tension, this law sought to freeze the status quo of religious structures as they existed in 1947, preventing any alterations, remodelling, or construction at these sites. The law was introduced by the Congress government under Prime Minister PV Narasimha Rao at a time when the Ram temple movement was at its peak. According to an Indian Express report, the Babri Masjid was still
standing at the time, but communal tensions were raging over LK Advani's rath yatra, his arrest and the shooting of karsevaks in Uttar Pradesh. Presenting the bill in Parliament, the then Home Minister SB Chavan said that these measures were necessary in view of the religious disputes over the reconstruction of places of worship, which tend to affect the social atmosphere. He mentioned that the adoption of this law will effectively prevent any new controversies from arising according to the official document. The act was enacted to freeze the character of any religious place as it existed on 14th August 1947. According to this any worship place which belongs to one religion or which belongs to one deity of any particular religion cannot be converted into another. Thus, this act ensures to maintain the religious character.
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