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

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3 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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health

Centre committed to provide quality healthcare for workers, families: Union Minister

Published

17 hours ago

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February 22, 2025

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New Delhi, Feb 22: The government is committed to providing quality healthcare services for workers and their families, Union Minister for Labour and Employment, Dr Mansukh Mandaviya, said on Saturday, emphasising the welfare of workers.

Dr Mandaviya, who visited Chandigarh to review key institutions under the Ministry, said that data-driven decision-making is crucial for enhancing economic growth, governance and service delivery.

As part of his visit, the Union Minister toured the Labour Bureau and the Employees’ State Insurance Corporation (ESIC) Model Hospital, Chandigarh, assessing their ongoing initiatives and interacting with stakeholders.

At the Labour Bureau, he was apprised of the objectives, scope and status of various activities, including price indices, labour statistics and surveys.

Dr Mandaviya also took a review of the performance and initiatives of the EPFO Regional Offices under the Punjab & Himachal Pradesh Zone at the Labour Bureau.

The Union Minister highlighted that reforms in the IT system are continuously transforming the functioning of the EPFO.

Later, the Union Minister visited the ESIC Model Hospital in Chandigarh and toured the hospital facilities. He interacted with patients receiving treatment at the hospital and reaffirmed to them that the government is committed to providing quality healthcare services for workers and their families.

Earlier this week, Dr Mandaviya instructed officials to prioritise efficient medical service delivery and expedite the timely completion of hospital renovation and construction projects.

During his visit to ESIC Hospital in Mumbai, he interacted with patients and staff to understand their experiences and feedback on the services provided.

To improve efficiency and transparency, he directed officials to accelerate the digitisation of processes, including inspections, ensure better upkeep of laboratories, and maintain a strong focus on transparency in regulatory activities.

Meanwhile, the payroll data of the Employees’ State Insurance Corporation (ESIC), released on Friday, show that as many as 17.01 lakh new employees were added in December 2024 while 20,360 new establishments were brought under the social security ambit of the ESI Scheme during the month, ensuring social security to more workers.

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National News

Congress accuses US Prez and BJP of misleading public on USAID funding, demands white paper

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18 hours ago

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February 22, 2025

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New Delhi, Feb 22: The Congress party has intensified its attack on the BJP and US President Donald Trump, accusing both of brazenly lying about USAID funding to India. The party has demanded the release of a comprehensive white paper detailing all funds received by political parties, individuals, NGOs, and organisations from international developmental agencies, aid mechanisms, and multilateral forums.

The Congress emphasised that this white paper should not be limited to USAID funding alone but should encompass financial assistance from all foreign entities operating within the framework of Indian law.

In a sharp critique aimed at Prime Minister Narendra Modi, the Congress urged him to address allegations made by President Trump, who had claimed that the US was preparing to provide $21 million to India to increase voter turnout. The Congress party said PM Modi should confront Trump directly and refute the “baseless” claims made by the US President.

“The RSS-BJP and their entire ecosystem are making wild allegations to bolster their fabricated narrative against credible civil society members, NGOs, and political parties. These actors must not only be named and shamed in public forums but also face legal action for spreading falsehoods and misleading the nation,” said Pawan Khera, Chairman of Media & Publicity (Communications Department), AICC at a press conference here on Saturday.

A report published by a leading Indian daily on Friday clarified that the $21 million in question was not directed toward India but was instead allocated to Bangladesh.

The Congress questioned the Modi government’s apparent ignorance of this development in a neighbouring country, asking, “If the funds were directed to Bangladesh, how can the Modi government remain unaware of such significant financial movements in the region? Does this not raise serious concerns about the government’s effectiveness in managing its neighbourhood policy?”

The party also dismissed the BJP’s claims regarding a 2012 agreement between the Election Commission of India (ECI) and the International Foundation for Electoral Systems (IFES) — a member of the Consortium for Elections and Political Process Strengthening (CEPPS) — as misleading.

“The IFES was engaged by the ECI to develop a curriculum on election management, not to influence elections in India,” Khera stated. “The course material developed by IFES was used not for domestic elections but to train electoral officials from across the world. The Election Commission itself highlights on its website that it has trained 69,362 election officials from 109 countries under this initiative.”

The Congress party’s demand for transparency and accountability on USAID funding in India has added fuel to the ongoing political slugfest between Congress and the BJP.

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Maharashtra

Mega Block Alert: Local Trains to be Rerouted & Delayed On Feb 23 For Maintenance Work, Check Details

Published

19 hours ago

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February 22, 2025

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Mumbai: Central Railway announced a major change in the UP and Down fast local trains in the Central route for February 23. Meanwhile, Western Railway also announced a major mega block on the line. The jumbo block is carried out for maintenance work on signals and tracks, which will lead to rerouting and delays in train schedules.

Central Railway Rerouting Details

On the Thane to Kalyan route, Down Fast and Semi-Fast local trains departing from Chhatrapati Shivaji Maharaj Terminus (CSMT) Mumbai will be diverted to the Down Slow line between Thane and Kalyan stations. These trains will have additional halts at Kalva, Mumbra, and Diva stations, which will result in a delay of approximately 10 minutes in reaching their destinations.

Similarly, Up Fast and Semi-Fast trains departing from Kalyan towards CSMT will be rerouted onto the Up Slow line between Kalyan and Thane stations. They will also halt at Diva, Mumbra, and Kalva before merging onto the Up Fast line at Mulund station, causing a delay of around 10 minutes.

Western Railway’s Five-Hour Jumbo Block

On the Western line, a significant five-hour Jumbo Block has been scheduled on February 23, between Santacruz and Goregaon stations. From 10:00 AM to 3:00 PM, both Up and Down Fast lines due to maintenance work of tracks, signalling systems, and overhead equipment.

Trans-Harbour Line

According to railway officials, there will be no block on the Uran and Harbour routes.

However, services on the Trans-Harbour line will be temporarily suspended. Up Trans-Harbour services from Panvel, Nerul, and Vashi towards Thane starting with the 10:25 AM departure from Vashi and the 4:09 PM departure from Nerul will remain non-operational. Likewise, Down Trans-Harbour services from Thane to Vashi, Nerul, and Panvel, running from 10:35 AM to 4:07 PM, will also be suspended during this period.

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