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Legal challenges to the Act
Several petitions have been filed challenging the constitutional validity of the Act, leading to even more controversy.
However in its Ayodhya judgment of 2019, the Supreme Court upheld the intent of the Act.
The Court emphasized that the Act strengthens the State’s commitment to secularism and equality among all religions.
Recent controversies and their implications
Hindu groups claim that the Shahi Idgah Mosque in Mathura was built at the birthplace of Lord Krishna.
Similarly, the Gyanvapi Mosque in Varanasi is being claimed to have been built over the Kashi Vishwanath Temple.
A bench headed by the then CJI, DY Chandrachud, allowed the survey of the mosque, and later refused to stay the local court order allowing worship in the basement of the mosque.
One of the reasons it is being widely criticized and accused of opening the door to challenges is the Places of Worship Act.
During the hearing on the Gyanvapi case in October 2023, in response to the argument that the Gyanvapi trial was barred by the 1991 Act, Chandrachud said that: “The Act says you cannot change or alter the nature of the place. They are not looking for transformation of the place.,
These actions cast doubt on the applicability of the Act, directly challenging its provisions.
The latest example of this is the incidents happening in Sambhal, Uttar Pradesh.
The Shahi Jama Masjid in Sambhal is facing legal challenges over its historical status.
A petition was filed by Supreme Court lawyer Vishnu Shankar Jain on behalf of Mahant Rishiraj Giri and seven others claiming that the Shahi Jama Masjid in Sambhal was the erstwhile site of the Harihar Temple. Jain is also a lawyer in the Gyanvapi Masjid case of Varanasi.
The same day, the court of Civil Judge (Senior Division) Aditya Singh accepted the petition and ordered a survey of the Mughal-era mosque.
Soon, rumors spread that Jama Masjid was being dug without court permission, leading to panic, mobs, and eventually clashes and arson. At least five men have been killed in police firing – all Muslims.
There is tension in Sambhal after violent clashes and communal unrest.
These disputes have led to communal tensions in the past and continue to highlight the delicate communal balance and the risks of reopening historical disputes.
A reminder of why the Places of Worship Act was passed 33 years ago.
