The Disputed Landscape of India's Places of Worship Law

As India navigates deep-rooted religious tensions, its Places of Worship Act has come under scrutiny in the Supreme Court, fueling a heated debate over the preservation and alteration of religious sites across the nation.

India is currently facing a significant legal battle surrounding its Places of Worship (Special Provisions) Act of 1991, specifically regarding its implications on various religious sites. This law was initially established to maintain the religious character of such places as they were on August 15, 1947, the date marking India's independence. Under the act, attempts to change the status or character of these sites are generally prohibited, with the notable exception of the Babri Masjid case, which has become a focal point for ongoing disputes.

The Babri Masjid, a mosque built in the 16th century, was demolished by a Hindu mob in 1992, a traumatic event that reignited sectarian violence across the country. A 2019 Supreme Court ruling eventually awarded the disputed land to Hindu groups for temple construction, which has exacerbated existing religious divides. As the Supreme Court addresses petitions that challenge the original law, prominent figures, including members of Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP), argue that the 1991 law constrains religious freedom and undermines constitutional tenets of secularism.

In response, various leaders from the opposition and Muslim organizations have voiced their support for the law, contending it is essential for safeguarding the sanctity of minority religious sites in a predominantly Hindu nation. They express concerns that altering this legal framework could lead to an influx of similar cases, potentially escalating tensions between Hindus and Muslims across the country.

Recently, in a move to manage the ongoing disputes, the Supreme Court issued a directive prohibiting the registration of new cases challenging the ownership of religious sites and any surveys aimed at establishing their historic identity. The hearing of the petitions is scheduled for February.

Historically, this law was introduced amid escalating pressures from Hindu nationalist groups advocating for the construction of a temple at the site of the Babri Masjid. The then home minister, SB Chavan, voiced concerns over rising religious intolerance and the potential for further violence, emphasizing the importance of maintaining communal harmony. However, the BJP, which opposed the bill at the time, argued that it would only widen the rift between communities.

As religious sanctuaries such as the Gyanvapi mosque in Varanasi come under scrutiny, debates over their historical evidence and status continue to stir emotions. Recent incidents, including violent clashes in Sambhal town following a court-ordered survey of a mosque, underscore the sensitive nature of these discussions.

The outcome of the Supreme Court's deliberations on the Places of Worship law will play a decisive role in determining the fate of several religious sites, particularly those claimed by Hindu groups. Advocates for historical accuracy and communal peace warn that allowing surveys and litigation challenging these sites can lead to long-lasting divisions and societal strife if not carefully regulated. With the next round of hearings looming, the stakes remain high for religious communities across India.