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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

Government Cracks Down on OTT Platforms Over Obscene Content

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New Delhi, July 25, 2025 — In a significant move targeting explicit digital content, the Government of India has taken steps to block several over-the-top (OTT) platforms accused of streaming obscene and vulgar material. Platforms such as ALTBalaji, ULLU, and a few others have come under the scanner for allegedly violating Indian content regulations and societal norms.

The Ministry of Information and Broadcasting, acting on multiple complaints from citizens and civil society groups, initiated the ban after conducting an internal review. Authorities stated that certain shows and web series available on these platforms contained content that was “sexually explicit,” “vulgar,” and “not suitable for public viewing,” especially in households with children.

The decision has stirred a wider debate around content regulation and creative freedom in India’s rapidly growing digital entertainment sector. While officials maintain that the step was necessary to uphold decency standards and protect cultural values, critics warn of overreach and censorship.

A senior official said, “This is not about targeting creative freedom. This is about ensuring that OTT content does not cross legal and moral boundaries. There are clear guidelines, and platforms are expected to adhere to them.”

The platforms affected reportedly failed to comply with warnings issued earlier regarding their programming. Despite advisory notices and reminders to filter or restrict adult content, several web series continued to feature nudity, explicit scenes, and suggestive themes without proper age-gating or viewer discretion tools.

In recent years, OTT platforms have grown in popularity, especially among younger audiences, with many bypassing traditional film and TV regulations. The government had previously introduced a self-regulation framework for digital content providers, but critics say enforcement has been lax, leading to the current clampdown.

Some media rights advocates and artists expressed concern over the lack of transparency in the banning process and called for an independent review mechanism. Others, however, welcomed the move, stating that unchecked access to graphic content could have a detrimental effect on social behavior and minors.

As of now, the banned platforms remain inaccessible in India. The Ministry has hinted at further actions if other OTT providers do not align their content with the prescribed code of ethics and IT rules.

This development marks a turning point in India’s digital media regulation and sets the stage for possible stricter content monitoring across streaming platforms in the future.

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Maharashtra

Mumbai Rains: High Tides Hit Gateway Of India, Vakola Flooded, Andheri Subway Closed; Check IMD Forecast, Warning, Police Advisory 

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Mumbai: Mumbai experienced intense rainfall throughout Friday, majorly disrupting normal life across various parts of the city. The India Meteorological Department (IMD) had earlier issued an orange alert for Mumbai, Navi Mumbai and Thane, anticipating heavy to very heavy rainfall as the monsoon system remains active over the Konkan coast. Palghar district was placed under a yellow alert.

Rain began lashing the city late Thursday night and continued into Friday morning, affecting both South Mumbai and the western suburbs. Localities such as Chhatrapati Shivaji Maharaj Terminus (CSMT), Churchgate, Dadar, Dahisar, Borivali, Kandivali, Malad, Goregaon, Jogeshwari and Andheri were among the worst-hit, with widespread waterlogging reported. Commuters faced delays and difficult travel conditions as flooded streets slowed vehicular movement.

Visuals Show Flooding In Several Areas

Social media was flooded with visuals showing the impact of the downpour. High tides slammed against the walls at the Gateway of India and Marine Drive, while in areas like Vakola, people were seen wading through knee-deep water. Vehicles navigated waterlogged roads in Andheri and Borivali. Andheri Subway was closed for traffic this morning due to heavy rains.

Over 65mm Rainfall Recorded In 3 Hours

According to BMC rainfall data, the western suburbs witnessed particularly intense rainfall between 8 am and 11 am on Friday. The highest recorded was at the Hinduhridaysamrat Balasaheb Thackeray Trauma Hospital in Jogeshwari, where 67.3 mm of rainfall was measured in just three hours.

Flight operations at the Chhatrapati Shivaji Maharaj International Airport saw minor delays due to poor visibility and heavy rains. IndiGo Airlines issued a travel advisory cautioning passengers about potential weather-related disruptions.

Mumbai Police Issues Advisory

In response to the worsening conditions, Mumbai Police issued a public advisory urging citizens to avoid non-essential travel and stay away from coastal areas. “Due to heavy rainfall in Mumbai and nearby districts, citizens are advised to stay indoors unless absolutely necessary, avoid coastal areas and drive cautiously. Our officials and staff are on high alert and ready to assist Mumbaikars. In case of any emergency, please dial 100 / 112 / 103,” read the police advisory on X.

As rainfall is expected to continue, authorities remain on alert to prevent any untoward incidents, with emergency services deployed across the city to respond swiftly to distress calls.

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Crime

Mumbai: High-Profile Sex Racket Busted At Andheri Hotel; 3 Vietnamese Women Rescued

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Mumbai: The MIDC Police busted a high-profile sex racket involving foreign nationals at a hotel in Andheri. The illegal operation was being run from the Empire Suite Hotel near Times Square on Andheri-Kurla Road. The raid, carried out recently following a tip-off, led to the rescue of three Vietnamese women who were allegedly forced into prostitution.

Acting on specific intelligence, senior police officials directed the MIDC Police to verify the information and take immediate action. a decoy customer was sent to the hotel to confirm the operation. Upon reaching the premises, the decoy was received by hotel manager Alam Khalil Chaudhary, who allegedly offered sex services for Rs 6,000 and led him to a room on the eighth floor. There, the decoy met a foreign woman, who later admitted to being involved in prostitution along with two other Vietnamese women staying in another room.

3 Women Rescued From Hotel

After receiving a pre-arranged signal from the decoy, the police team raided the 8th and 9th floors of the hotel, rescuing all three women. The women were taken in for questioning, during which they confirmed their involvement in sex work. They also revealed that their clients were coordinated through an agent who shared their photographs online and directed customers to the hotel.

Further investigation revealed that the sex racket was being run with the knowledge and alleged involvement of the hotel owner, Abdul Salam. According to the police, the manager facilitated all transactions and coordinated with the agent, while Salam oversaw the operation. Police registered a case under the Bharatiya Nyaya Sanhita (BNS) and relevant sections of the Prevention of Immoral Traffic Act (PITA) against both Chaudhary and Salam.

Manhunt Launched For Hotel Owner

While Alam Chaudhary has been arrested, the hotel owner is currently absconding. Efforts are underway to trace and arrest him. The rescued women, all citizens of Vietnam, have had their passports seized and were sent to a shelter home after undergoing medical examinations. The Vietnamese Embassy in India has been informed of their rescue.

Police are now working to identify and track the agent involved in the online coordination of the racket and are investigating whether more people or locations are linked to the operation.

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