The salience of the Places of Worship Act and the Gyanvapi precedent - The Hindu

The Places of Worship Act (1991)

The 1991 Act aims to maintain the religious character of sites as they were on August 15, 1947, preventing changes. The Ayodhya dispute was exempted.

Challenges to the Act

Petitions challenge the Act's constitutionality, arguing it prevents Hindus from reclaiming sites allegedly taken by Muslim rulers. The government's delayed response to the Supreme Court has emboldened lower courts to disregard the Act.

The Gyanvapi Precedent

The Gyanvapi mosque case, and the Supreme Court's refusal to halt a survey, broadened the scope for similar petitions. The court's interpretation allows inquiries into the 1947 status, provided there's no intent to change the site's character. This differs from the Ayodhya verdict.

Ongoing Legal Battles and Concerns

The Supreme Court is yet to decide whether the Act bars even filing pleas questioning a site's 'original' status. The continued legal challenges and ambiguity threaten communal harmony. Experts emphasize the importance of the Supreme Court's timely intervention to clarify the Act's interpretation and uphold the law.

• Lower courts are disregarding the Act due to delayed government response and Supreme Court ambiguity.
• The Gyanvapi case set a precedent, allowing similar suits.
• The Act's interpretation by Supreme Court is crucial in maintaining communal harmony.