India's Places of Worship Law Under Supreme Court Scrutiny

Wed Mar 12 2025 21:52:17 GMT+0200 (Eastern European Standard Time)
India's Places of Worship Law Under Supreme Court Scrutiny

The Supreme Court of India evaluates the controversial 1991 law maintaining the status of religious sites since independence, as it faces a range of legal challenges amid rising tensions.


Amid ongoing tensions regarding religious site ownership in India, the Supreme Court is set to deliberate the controversial Places of Worship (Special Provisions) Act of 1991, which preserves the character of places of worship as they were on August 15, 1947. The law prohibits changes to any religious site and restricts the judiciary from considering disputes, save for the historically contentious Babri Masjid case. Opponents of the legislation, including members of Prime Minister Modi's BJP party, argue it conflicts with religious freedom principles, while supporters warn its repeal could stoke sectarian violence, particularly between Hindus and Muslims.

The law is a product of its time, drafted in response to the communal violence sparked by a movement to construct a temple in Ayodhya, where the Babri Masjid stood. Introducing the law in Parliament, then-home minister S.B. Chavan expressed concern over rising intolerance and the potential for renewed religious disputes. Since its enactment, calls to review the law have emerged, notably from Hindu groups challenging the historical legitimacy of various mosques.

Cases such as the Gyanvapi mosque in Varanasi and the Shahi Eidgah in Mathura illustrate ongoing disputes, further magnified by recent court decisions allowing surveys of historic mosques. Critics fear that a Supreme Court ruling against the 1991 law would open the door for widespread challenges to religious sites, igniting further conflict. In the wake of a recent verdict, the Supreme Court has temporarily halted new cases regarding religious site ownership, with its next hearing slated for February.

The implications of the Court's decisions could redefine inter-religious dynamics in India, as historical narratives remain hotly contested and community tensions linger beneath the surface.

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