Politics
Places of Worship Act put to test as Gyanvapi mosque case goes to Supreme Court
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.
Maharashtra
We will take initiative on the problems of Mumbai University – Ambadas Danve
Mumbai: Leader of Opposition in the Legislative Council Ambadas Danve said that the government will take initiative regarding the vacant posts of teachers in Mumbai University, enrollment of colleges, and pending development works by MMRDA. Today he visited the Kalina campus and took stock of the problems and current situation of the students.
Delay in development works of the university
An agreement was signed between Mumbai University and MMRDA for the beautification of the Kalina campus and construction of buildings for educational purposes. But this work has not been done till now and concerns were raised about the completion of these works.
Issue of safety of students
Every day five to six thousand students visit the Kalina campus, but incidents of attacks on female students are increasing due to outside elements. Also, the Bit Chowki near the main entrance was demolished in the name of widening the road, which increased the threat to the safety of girl students, this issue was raised by Senate member Sheetal Devrukhkar-Sheth.
Issue of cancellation of teacher recruitment
Instead of improving the quality of education, the decision to cancel the teacher recruitment is proving to be harmful for the students, Senate member Milind Satam reported.
Challenge to the international recognition of the university
Despite getting international recognition, the students are facing problems due to the problems of Mumbai University, which is unfortunate, said Ambadas Danve. Students from all over the country and abroad come here to study, so it is important to solve these problems, he said.
Vice Chancellor Dr. Ravindra Kulkarni, Pro-Vice Chancellor Dr. Ajay Bhamare, local MLA Vilas Potnis, Senate members Sheetal Devrukhkar-Sheth, Milind Satam, Kisan Sawant, Param Yadav and other dignitaries were present in this meeting.
Danve resolved to raise voice with the government on the problems of the university and play an active role in the interest of the students.
Maharashtra
‘Water Grid’ project for Marathwada: Gulabrao Patil
Mumbai: The ‘Marathwada Water Grid’ scheme is being implemented to permanently solve the water shortage in Marathwada and ensure robust water supply. Under this project, 11 major dams of Marathwada will be connected through pipelines and drinking water will be provided to cities and villages across the region. Water Supply and Sanitation Minister Gulabrao Patil gave information about the project and said that this project will provide sustainable water supply to Marathwada.
The cooperation of global level banks will be taken to implement this scheme, Patil said. A review meeting was held with representatives of global banks in the ministry regarding this project. Many important officials including Principal Secretary of Water Supply and Sanitation Department Sanjay Khandare, Member Secretary of Maharashtra Jeevan Pradhikaran Abhishek Krishna, Chief Executive Officer of ‘Mitra’ Praveensinh Pardeshi, Director of Jal Jeevan Mission Abhiyan E Ravindran, and Secretary of Water Resources Department Sanjay Belsare were present in this meeting.
Long-term water supply to Marathwada will be ensured through this project. Along with this, as per the advice of the central government, the project will be set up and implemented by taking loans from the World Bank, Asian Development Bank and New Development Bank. The implementation of the project will be coordinated by the ‘Mitra’ institution, as told by Minister Gulabrao Patil.
The ‘Mitra’ institution has taken the initiative to discuss the project further and coordinate with the concerned banks. Patil expressed confidence that the project will significantly help in solving the water problem of Marathwada.
Maharashtra
The state government is preparing to bring private kindergartens under its control
Mumbai: The lack of educational facilities, midday meals for children, and proper implementation of government schemes in private schools running in the streets of the state has increased the concern of parents. As a measure against this, the School Education Department has started preparing a new manual to bring private schools under government control.
According to the new National Education Policy, pre-primary education for children between 3 and 6 years of age has been considered important, and it is proposed to include private schools in this policy as well. Currently, many schools running in the streets are running without any manual and are out of the control of the local administration. It has been assured that a suitable educational environment will be created for the children under this new rule of the Education Department.
Under the new regulations, educational curriculum for children will be implemented in the balwadis, along with midday meals and appropriate schemes for the physical and mental development of children. This is expected to provide quality education to the children.
It has not yet been decided which department will control these balwadis – the School Education Department, the Women and Child Welfare Department, and the Integrated Child Development Services Department. However, it is believed that this decision will reduce the anxiety of parents and improve the educational quality of children.
-
Crime2 years ago
Class 10 student jumps to death in Jaipur
-
Maharashtra4 months ago
Mumbai Local Train Update: Central Railway’s New Timetable Comes Into Effect; Check Full List Of Revised Timings & Stations
-
Maharashtra4 months ago
False photo of Imtiaz Jaleel’s rally, exposing the fooling conspiracy
-
Maharashtra3 months ago
Mumbai To Go Toll-Free Tonight! Maharashtra Govt Announces Complete Toll Waiver For Light Motor Vehicles At All 5 Entry Points Of City
-
National News3 months ago
Ministry of Railways rolls out Special Drive 4.0 with focus on digitisation, cleanliness, inclusiveness and grievance redressal
-
Crime3 months ago
Baba Siddique Murder: Mumbai Police Unable To Get Lawrence Bishnoi Custody Due To Home Ministry Order, Says Report
-
Maharashtra2 months ago
Maharashtra Elections 2024: Mumbai Metro & BEST Services Extended Till Midnight On Voting Day
-
National News4 months ago
J&K: 4 Jawans Killed, 28 Injured After Bus Carrying BSF Personnel For Poll Duty Falls Into Gorge In Budgam; Terrifying Visuals Surface