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

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4 years ago

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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.

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Maharashtra

Public representatives have high confidence in Shinde’s work, Uddhav Thackeray MPs did not have confidence in his leadership: Milind Deora

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9 hours ago

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June 18, 2026

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Shiv Sena leader and Rajya Sabha MP Milind Deora strongly criticised the absence of several MPs from the Uddhav Thackeray faction meeting. He said that only the UBT leadership can answer why UBT MPs did not attend the meeting called by his party. He said that the members who were absent from the meeting lacked faith in their party leadership. Deora said that today the people and public representatives have faith in the work and leadership of Chief Minister Eknath Shinde. Eknath Shinde sahib works to strengthen the hands of those who trust in Shinde sahib’s leadership. Targeting Sanjay Raut, Milind Deora said that he is not aware of parliamentary traditions and rules. Other UBT MPs should understand what kind of meetings are held and what are the whip rules. On the issue of whip, Deora said that whip is issued only for voting in the House, not for attending any political meeting. This is a parliamentary rule and those who have been members for years should be aware of it. Milind Deora further said that Sanjay Raut sometimes abuses his own MPs, sometimes claims that all MPs are with him, sometimes says that his MPs were given money, and sometimes accuses MPs of corruption. This reflects his contradictory behavior. Sanjay Raut insulted his own MPs. With such behavior, who would want to work with him? He said that no leader has any faith left in the UBT leadership. Public representatives want their leader to be available to them. That is why many leaders still want to work under the leadership of Eknath Shinde. Shiv Sena welcomes anyone who wants to work for the development of their area. Our aim is not to weaken anyone but to strengthen the people. Finally, Deora said that the UBT leadership needs to examine itself instead of blaming others. I can only wish them well.

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Maharashtra

Mumbai Municipal Corporation and Customs Department sign MoU for conservation and restoration of Mahim Fort

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11 hours ago

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June 18, 2026

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The vision of the conservation and restoration of the Mumbai Mahim Fort is to revive its historical beauty. Municipal Commissioner Ashwini Bhide said that it is a matter of pride and honour that the Municipal Corporation is preserving this fort. An MoU was signed between the Mumbai Municipal Corporation and the Customs Department today (June 18, 2026) at the Mumbai Municipal Corporation Headquarters for the conservation and restoration work of Mahim Fort, which has been declared a State Protected Monument.

Additional Municipal Commissioner (City) Dr. Ashwini Joshi, Principal Commissioner of Customs Department Shri Ajay Kumar Pandey, Additional Commissioner of Customs Department Nitin Tagde, Vikram Phadke, Deputy Commissioner (Commissioner Office) of Mumbai Municipal Corporation Prashant Gaikwad, Deputy Commissioner (South Zone) Prashant Gaikwad, Assistant Commissioner (South Zone) Prashant Gaikwad were also present on the occasion. Yogesh Desai, Advisor on Conservation of Ancient Heritage Vikas Dilawari, Dr. K. K. Sangle, Head of the Department of Structural Engineering, Virmata Jijabai Institute of Technology, etc. were present on the occasion.

As per the directions of Municipal Commissioner Ashwini Bhide, the conservation and preservation of ancient structures in Mumbai is being done under the guidance of Additional Municipal Commissioner (City) Dr. Ashwini Joshi. On this basis, the Municipal Corporation has taken the initiative to conserve and revive the Mahim Fort.

Under this agreement, the dilapidated structure of Mahim Fort will be strengthened and reconstructed. The historical well present in the fort area will be searched and excavated. A pedestrian path will be made all around the interior of the fort. In addition, a protective wall will also be constructed to protect the foundation of the fort. Rs 20 crore has also been allocated for this. Municipal Commissioner Ashwini Bhide said that the Municipal Corporation’s G (North) Department has removed the encroachments on the Mahim Fort and rehabilitated the local residents. So now help will be given to restore the glory of this fort. Additional Municipal Commissioner (City) Dr. Ashwini Joshi said that the Municipal Corporation has made great efforts to remove the encroachments on the Mahim Fort, which is a historical and ancient heritage, and to preserve it. Now the administration is planning to develop this fort as a tourist destination.

Principal Commissioner of the Customs Department Ajay Kumar Pandey said that apart from being a historical heritage, Mahim Fort is known as the customs station of the Customs Department. The conservation and restoration work undertaken by the Municipal Corporation will make this fort famous. Also, this fort will develop as a tourist destination for Mumbaikars. Mahim is an ancient fort and the descendants of Raja Bimbadev built this fort around the 12th and 13th centuries. Mahim was the main centre of power among the seven islands of Mumbai and this fort is a symbol of that glorious history. The Maharashtra government declared Mahim Fort as a state protected monument in 1975. The total area of ​​the fort is about 3,796.02 sq m. Currently, the fort is under the jurisdiction of the Customs Department. The existing structure of Mahim Fort was encroached upon in the form of slums. After surveying the entire area, proper documents were verified and 275 slums have been rehabilitated in flats available for project victims in Kurla and Malad. However, the restoration of a religious structure is underway.
The restoration and conservation work of the fort is proposed to be carried out under the guidance of the Mumbai Municipal Corporation’s G (North) Division Office, Customs Department, Advisor on Conservation of Ancient Cultural Heritage Vikas Dilawari and Dr. Sangal K. Jijabai, Head of the Structural Engineering Department of Veermata.

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Maharashtra

Operation Tiger rebel MPs in Maharashtra should be disqualified: Abu Asim Azmi

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11 hours ago

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June 18, 2026

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Mumbai: Talking about the ongoing Operation Tiger of Shiv Sena in Maharashtra, Samajwadi Party Mumbai/Maharashtra state president and MLA Abu Asim Azmi said, “Today’s public representatives, leaders, and workers are no longer guided by ideology, they have become greedy. Those who take the votes of the people and then change parties of their own accord, their positions should be declared null and void.” Abu Asim Azmi further said that if someone contests elections on behalf of a party, he is provided with the party’s flag, banner, symbol and money. Workers are working day and night to ensure the victory of their candidate. Those representatives are elected on the basis of the party’s ideology, and people agree with this ideology, so they vote for them. However, after victory, they rebel against the party. A law should be made that if a candidate joins another party after winning, his position should be declared null and void. Taking a dig at the BJP, he said that the BJP is trying to lure, intimidate and It misuses power to intimidate and bring them into its party. If they do not join, they are sent to jail like Kejriwal and Sanjay Singh, but they were proven innocent. The BJP has tried to create a rift in other parties, which is why many parties have been split into two.

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