It is for historians to dig for tell-tale remains, not bigots
(Source – The Hindu, International Edition – Page No. – 6)
| Topic: GS1 – Indian History |
| Context |
| ● The Places of Worship (Special Provisions) Act, 1991, enacted to protect secularism – bars altering the religious character of sites as they existed on August 15, 1947.
● Recent judicial remarks and lower court actions ordering surveys in religious sites, such as the Gyanvapi mosque, raise concerns about communal tensions and constitutional challenges. |
Excavation at Religious Sites and Secularism
- Excavations at historic sites are typically led by archaeologists and historians to uncover ancient civilizations or mythological events.
- Conducting a survey or excavation under a religious place to confirm the presence of another religion’s worship site deviates from secular principles.
- Concerns arose when the former Chief Justice of India, D.Y. Chandrachud, opined that a survey might not necessarily violate the Places of Worship Act, 1991, particularly in the Gyanvapi mosque case.
| The Places of Worship (Special Provisions) Act, 1991 |
| ● Enacted against the backdrop of the Ram Janmabhoomi movement, the Act aimed to prevent communal tensions.
● Key Provisions: ○ The Act bars the conversion of religious sites to a different religion’s place of worship as they existed on August 15, 1947. ○ All pending suits and appeals related to such conversions were nullified post-enactment. ○ The Act prohibits fresh suits or appeals related to the religious character of any place of worship. ● The date, August 15, 1947, is historically significant, marking India’s independence. It avoids arbitrary or contentious alternatives. |
Challenges to the Constitutionality of the Act
- The Act’s constitutionality has been challenged in the Supreme Court on two grounds:
- The alleged arbitrariness of the 1947 cut-off date.
- Claims that the Act denies judicial review, a part of the Constitution’s basic structure.
- Counterarguments emphasize that declaring certain types of cases invalid does not eliminate judicial review and is within the legislative domain.
Misinterpretation by Lower Courts
- Following the former CJI’s oral observation, lower courts in Uttar Pradesh ordered surveys in mosques to determine religious character.
- This led to violence in Sambhal, Uttar Pradesh, highlighting the consequences of misinterpreting non-binding judicial remarks.
- The Act itself prohibits any conversion or surveys to determine religious character, as the status on August 15, 1947, is deemed final.
Protection of Secularism and Fundamental Rights
- The Supreme Court hailed the Act as essential for protecting secularism in its Ayodhya judgment and has temporarily halted related litigations.
- Article 26 of the Indian Constitution protects the fundamental right of religious denominations to manage their places of worship without external interference.
Historical Context and Social Implications
- Historical remains beneath mosques may include traces of temples or viharas, best explored by archaeologists, not to provoke religious tensions.
- Judicial missteps and misuse of historical claims risk fueling communal divides, undermining secularism, and promoting false narratives.
| Practice Question: Discuss the significance of the Places of Worship (Special Provisions) Act, 1991, in preserving secularism in India. Critically analyze the implications of judicial interventions and challenges to the constitutionality of the Act. (250 Words /15 marks) |
