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Places of Worship Act put to test as Gyanvapi mosque case goes to Supreme Court

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The three-page legislation — The Places of Worship Act, 1991 — is at the centre of the row over videographic survey carried out at the Gyanvapi mosque in Varanasi, where a Shivling was purportedly discovered.

The law has been invoked by the Committee of Management, Anjuman Intezamia Masajid Varanasi, which manages the Gyanvapi mosque, before the Supreme Court, saying mischievous attempts were being made to change the character of the mosque, which existed for 500 years.

In the Ayodhya judgment, the Supreme Court had said that the Act is intrinsically related to the obligations of a secular state and it reflects the commitment of India to equality of all religions.

However, in the Gyanvapi mosque matter, the Act will be put to legal scrutiny and face a test, in view of the ethos of secularism.

A bench comprising Justices D.Y. Chandrachud, Surya Kant, and P.S. Narasimha observed that the survey of a structure to ascertain its religious nature is not barred under the Act.

The committee moved the top court under Order 7, Rule 11 of the Civil Procedure Code against the maintainability of the suit, filed by five Hindu women seeking enforcement of their right to worship Goddess Shringar Gauri and other deities inside the mosque.

The masjid committee has also questioned the appointment of a commissioner for the video survey of the mosque, as it was barred under the Places of Worship (Special Provisions) Act, 1991, and pointed at the fallout of entertaining a suit in gross violation of the provisions of the 1991 Act.

The counsel representing the masjid committee argued in the apex court that similar mischief is being attempted in connection with four-five other mosques and objected to the trial court order to protect an area which had been used for the last 500 years by Muslims as ‘wuzu khana’ (ablution pond).

The Places of Worship Act, 1991 had its own share of controversies. The then Union Home Minister, S.B. Chavan, while moving the Bill in the Lok Sabha had said that it is a measure to provide and develop our glorious traditions of love, peace and harmony.

However, the BJP, then main Opposition party, had opposed the Bill tooth and nail, and termed it as another attempt by the Congress government to appease the minorities.

The Central government notified the Act to forestall fresh claims by any community about the previous designation of any religious place of worship and also subsequent attempts to regain land, on which they stood.

The Places of Worship Act, 1991 begins by saying, “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.”

Section 4 of the Act says, “It is hereby declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day.”

The Section 4(2) of the Act says any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on August 15, 1947, is pending before any court, tribunal or other authority, the same should abate, and no fresh suit or legal proceedings would be instituted.

And, the proviso to this section clarifies that only those litigations are allowed, where conversion has taken place in the religious character after August 15, 1947. The offence under the Act is punishable with imprisonment for a term which may extend to three years and also a monetary penalty.

According to the Act, if a person attempts to convert any place of worship, or is part of a conspiracy, she/he can face a jail term.

The Act has put the Ram Janmabhoomi-Babri Masjid dispute outside its domain of operation. However, the Supreme Court in its Ayodhya judgment cited its importance. In November 2019, the Supreme Court ruled in favour of the Hindu side paving the way for the construction of Ram temple in Ayodhya.

The apex court had then said The Places of Worship Act is intrinsically related to the obligations of a secular state and it reflects the commitment of India to the equality of all religions.

“Above all, The Places of Worship Act is an affirmation of the solemn duty which was cast upon the state to preserve and protect the equality of all faiths as an essential constitutional value, a norm which has the status of being a basic feature of the Constitution. There is a purpose underlying the enactment of The Places of Worship Act. The law speaks to our history and to the future of the nation,” the top court had said.

The five-judge bench had said: “Historical wrongs cannot be remedied by the people taking the law in their own hands. In preserving the character of places of public worship, the Parliament has mandated in no uncertain terms that history and its wrongs shall not be used as instruments to oppress the present and the future.”

The apex court had said The Places of Worship Act imposes a non-derogable obligation towards enforcing “our commitment to secularism under the Indian Constitution and the law is hence a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution”.

“Non-retrogression is a foundational feature of the fundamental constitutional principles of which secularism is a core component. The Places of Worship Act is thus a legislative intervention which preserves non-retrogression as an essential feature of our secular values,” it had said.

On May 20, 2022, the top court noted that ascertaining the religious character of a place of worship through a procedure known to the law, will not fall foul of The Places of Worship Act, 1991. The top court has shifted the trial of the suit by the Hindu parties from civil judge, senior division, to the district judge.

The top court said its May 17 interim order — protecting the ‘Shivling’, purportedly discovered during the survey, and free access to Muslims for ‘namaz’ — will remain operational for eight weeks, after the district judge’s decision in the matter, so as to allow the aggrieved parties to appeal against the decision.

The Supreme Court has scheduled the Gyanvapi case for hearing in July.

National News

Mumbai Local Train Update: Western & Central Railway Announce Jumbo Block On Sunday February 1; Check Details

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Mumbai: Commuters using Mumbai’s suburban railway network are advised to plan their Sunday travel carefully as Central and Western Railways will operate mega maintenance blocks, leading to large-scale cancellations, diversions and delays across multiple sections.

On the Central Railway main line, a mega block has been announced between Thane and Kalyan on the Up and Down Fast lines from 10.40 am to 3.40 pm. During this period, all fast local trains will be diverted to the slow lines. Railway officials said that due to this diversion, several local services will remain cancelled, while others may run with a delay of up to 20 minutes, particularly during peak block hours.

Meanwhile, Harbour line services will be severely affected due to a block between Kurla and Vashi from 11.10 am to 4.10 pm. All local trains operating on the Up and Down Harbour routes between CSMT and Vashi, Belapur and Panvel will remain suspended during the block period. To provide partial relief to passengers, special local trains will operate between CSMT and Kurla, as well as on the Vashi–Panvel section.

On the Western Railway, a block has been scheduled between Churchgate and Mumbai Central on the Up and Down Fast lines from 10.35 am to 3.35 pm. During this time, fast local services will be diverted onto the slow lines. In addition, select trains will operate only up to Dadar and Bandra, from where they will commence their return journeys. This arrangement is expected to result in cancellations and delays on the Western line as well.

Railway authorities said the blocks are essential for track, signalling and overhead equipment maintenance, aimed at ensuring passenger safety and smoother operations in the long run.
Commuter Advisory:

Passengers are advised to avoid non-essential travel, keep extra buffer time, and check official railway updates before stepping out. Those travelling for work, exams or medical reasons are urged to plan alternative routes or timings.

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Business

Indian stock markets gain this week ahead of Budget 2026

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Mumbai, Jan 31: The Indian equity benchmarks gained around 1 per cent during the week, though the trading sessions were volatile but with a cautiously constructive tone amid mixed global cues and rising geopolitical tensions.

Risk appetite weakened toward the end of the week ahead of the Union Budget 2026-27, with volatility resurfacing amid sustained FII outflows and rupee depreciation leading to losses in the last trading session.

Nifty added 1.09 per cent during the week and dipped 0.39 per cent on the last trading day to 25,320. At close, Sensex was down 296 points or 0.36 percent at 81,537. It added 0.90 per cent during the week.

Sectoral indices traded mixed this week with diversified consumer services stocks and hardware tech stocks logging the worst-performance, dipping 2.5 to 3.7 per cent. FMCG, media and software stocks slide over 1 per cent.

Metal stocks as well as oil and gas were the top weekly gainers up over 2 per cent, however Nifty metal index plummeted over 5 per cent on the last trading session. Profit booking also intensified in IT amid a firmer dollar and global liquidity concerns, and caution over incoming Fed Chair, analysts said.

Select pockets of weakness were observed in autos and beverages amid intensifying competitive pressures.

Broader indices posted stronger gains during the week, with the Nifty Midcap100 up 2.25 per cent, while Nifty Smallcap100 gained 3.2 per cent.

The markets opened the week with a subdued sentiment due to renewed tariff-related concerns and mixed corporate earnings, although optimism surrounding the India–EU trade agreement lent support, particularly to trade-oriented sectors.

Market sentiment improved mid-week following a favourable economic survey that reinforced expectations of robust FY27 growth and a benign inflation outlook.

Analysts said that markets remain wary that a potentially stronger inflation focus could prolong tight financial conditions and weigh on emerging markets.

Looking ahead, markets are expected to remain largely event-driven, with the Union Budget acting as the key domestic trigger, they said.

Cyclical sectors may continue to show relative resilience if supported by policy measures, while IT and export-oriented stocks are likely to remain sensitive to global macro cues, analysts added.

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National News

Mumbai: OC Amnesty Policy Implementation Delayed As BMC Awaits Standing Committee Sanction

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Mumbai: Mumbaikars residing in buildings without an Occupation Certificate (OC) will have to wait longer for the implementation of the new OC amnesty policy, as the BMC administration will now require sanction from the standing committee, which is yet to be formed.

“Citizens can apply once the Standard Operating Procedures (SOP) are finalised. As the OC amnesty policy will have a financial impact on the corporation, the standing committee’s sanction is necessary,” said a senior officer from the BMC development plan department.

The state Urban Development Department (UDD) on December 11 approved the BMC’s amnesty scheme for the regularisation of non-OC buildings, with revisions. The SOP was awaited from the BMC so that buildings could apply accordingly.

However, with the municipal elections concluded, statutory committees will now be formed with the newly elected corporators. The standing committee, which has the powers to make financial decisions for the corporation, is likely to be constituted by the end of February, after the mayoral election in mid-February.

The BJP-led Mahayuti announced the OC policy before the BMC elections, which was seen as a major factor influencing Mumbaikars to elect the ruling alliance. The policy is expected to benefit more than 20,000 buildings in Mumbai that lack OC due to factors beyond the control of occupants.

However, several housing experts have termed the policy a political move by the ruling parties to woo voters, pointing out that developers—responsible for completing documentation for regularisation while handing over possession—will go scot-free.

The media had reported on December 29, quoting a senior BMC officer, that under the BMC’s original proposal, buildings that had used Floor Space Index (FSI) were to be given a 50 per cent discount on the penalty under the amnesty scheme.

However, the UDD revised this to zero penalty if applications are made within six months, resulting in a loss to the corporation. The revision was introduced to attract more applicants for regularisation.

The revisions will benefit more non-OC buildings, as the UDD has directed the BMC to consider implementing the amnesty scheme for buildings constructed and occupied before November 17, 2016, instead of the earlier cut-off date of January 6, 2012.

Apart from the four-year extension in the cut-off year, the state government has also instructed the BMC not to levy any penalty on buildings that have converted Free FSI features to habitable use, provided they apply under the amnesty scheme within six months of the revised policy’s introduction.

The UDD has also directed the BMC to consider the amnesty scheme for granting OC to hospital and school buildings. However, commercial constructions will not be considered.

Other instructions include directing the BMC to proactively acquire playgrounds, gardens (PG, RG) and other reserved spaces and make them available for public purposes.

As per the revised amnesty scheme, the 50 per cent discount on the premium, as well as the concession regarding non-imposition of penalty for the first six months, will be applicable only to flats having a carpet area of up to 80 sq m.

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