2 December 2024 : Indian Express Editorial Analysis
1. When Court undermines itself
(Source: Indian Express; Section: The Ideas Page; Page: 11)
| Topic: GS2 – Governance |
| Context: |
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Overview of the Places of Worship Act, 1991
- The Places of Worship Act, 1991, stands as a legislative safeguard for the secular fabric of India, ensuring that the religious character of places of worship remains as it was on August 15, 1947.
- Section 3 of the Act unequivocally prohibits the conversion of any religious site.
- To reinforce this mandate, Section 4 abates ongoing legal proceedings and bars fresh suits aimed at altering the religious character of any such site.
- By enacting this law, Parliament sought to uphold constitutional principles, particularly equality and secularism, while preventing historical grievances from inciting contemporary conflicts.
Judicial Interpretation and Reinforcement
- In the landmark judgment of the Ram Janmabhoomi temple case, the Supreme Court highlighted the constitutional imperatives underpinning the Act.
- The Court asserted that the law binds both the state and its citizens, mandating respect for the religious and secular values enshrined in the Constitution.
- The apex court clarified that historical wrongs cannot serve as grounds for present-day legal claims, especially those invoking actions of ancient rulers.
- This ruling underscores the principle that colonial independence should offer a healing framework, ensuring all religious communities feel secure in their rights and identities.
Challenges to the Act’s Enforcement
- Despite the Supreme Court’s categorical rulings, recent judicial actions at various levels seem to contravene the essence of the Act.
- Some district and high courts have entertained suits that explicitly violate the statutory prohibition on altering the religious character of places of worship.
- By allowing such cases, these judicial bodies risk undermining secularism, a foundational constitutional value.
- This judicial defiance is seen as aligning with political motives, potentially exacerbating communal divides and undermining the rule of law.
Communal Ramifications and Judicial Responsibility
- The widening rift between India’s majority and minority communities is a pressing concern. Political rhetoric around terms like “love jihad” and “land jihad,” coupled with incidents of mob violence and rapid execution of questionable judicial orders, threatens societal harmony.
- Judicial leniency in allowing cases barred by the 1991 Act has further aggravated tensions.
- These actions not only contradict constitutional mandates but also contribute to a climate of fear and distrust, as evidenced by violent incidents like those in Sambhal.
Historical Reflections and Modern Obligations
- Insights from India’s founding leaders, such as Sardar Patel and Dr. B.R. Ambedkar, resonate with contemporary challenges.
- Their warnings against majority domination and the suppression of minority rights remain profoundly relevant.
- Patel emphasized the importance of majority empathy, while Ambedkar cautioned against using the Constitution to subjugate minorities.
- These lessons remind today’s leaders of their duty to foster unity and ensure equitable governance.
The Path Forward: Peace and Prosperity
- India’s development hinges on its ability to maintain peace and harmony across communities. Violence and divisive politics undermine national progress.
- Legislative, executive, and judicial leaders must act responsibly, reaffirming their commitment to constitutional values.
- By respecting the Places of Worship Act and upholding the principles of equality and secularism, the nation can pave the way for sustainable social, economic, and political growth.
| Practice Question: Examine the significance of the Places of Worship Act, 1991, in preserving India’s secular fabric and discuss the challenges posed by its judicial and political undermining. (250 words/15 m) |
