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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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National News

Not just a leader, MP Dr. Shrikant Shinde became an example of humanity, assured workers, “I will empower every worker”

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43 minutes ago

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May 30, 2026

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In politics, leaders are often identified by their speeches and rallies, but sometimes there are times when the human face of a leader touches the hearts of people. Shiv Sena MP Dr. Shrikant Shinde has set such an example. Rasool Ghafoor Syed, who lost his son ten days ago, went to meet MP Dr. Shrikant Shinde in Kejriwal to share his grief. There, he suffered a sudden heart attack. He was immediately taken to the hospital but died during treatment. Two major tragedies have befallen a single family in a few days. As soon as the news of the incident was received, MP Dr. Shrikant Shinde went straight to the family home. He not only offered his condolences but also sat with the family and shared their grief. During this, Dr. Shinde provided financial assistance of Rs 5 lakh and assured the responsibility of the children’s education. This incident once again proved that Dr. Shrikant Shinde is not just a politician but also a sensitive human being who understands the pain and suffering of the common people. The way he supported his family in difficult times and showed humanity is being talked about in the entire region. Minister Bharat Sheth Gogawale, MP Sandipan Bhumare, former MLA Sangeeta Thombare and Yuva Sena Inspector Bajirao Chavan were also present with Shrikant Shinde during the event.

Shiv Sena Parliamentary Party leader and MP Dr. Shrikant Shinde, who is on a visit to Maharashtra, said that Marathwada has always been the stronghold of Shiv Sena, and the party will work to empower every worker there. As part of his “Shiv Samavad” tour, he interacted with workers and office bearers in Bed district to review the preparations for the upcoming elections. At a meeting held in Kej, MP Dr. Shinde said that it is necessary to strengthen the organisation at the booth level in view of the Zilla Parishad and Panchayat Samiti elections. He urged the workers to go to the villages and strengthen the party. He said that the party leadership is also focusing on the common workers and those who work hard will get organizational responsibilities. He said that appointments for Taluka Heads, Deputy Taluka Heads, Branch Heads and Deputy Branch Heads in Parli and Kej assembly constituencies will be made soon. Minister Bharat Sheth Gogawale highlighted the important role of BLA in the voter list revision campaign and stressed the need to collect accurate voter information at every booth. He urged the workers to work diligently for the organization. Meanwhile, MP Dr. Shinde addressed three separate meetings from Kej, Parli, Beed, Majalgaon, Ashti, and Giurai assembly constituencies of Beed district. A large number of Shiv Sena members were present in the meetings.

During his tour of the “Shiv Samavad”, Dr. Shrikant Shinde visited 23 assembly constituencies of Marathwada in the last three days, directly interacted with party workers, and conveyed the message of strengthening the organization.

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Maharashtra

Maharashtra Shocker: Boyfriend Dies While His Minor Girlfriend Survives In Suicide Attempt At A Hotel Lodge

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1 hour ago

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May 30, 2026

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Jalgaon: A 25-year-old man died while his minor girlfriend survived after the couple allegedly attempted suicide inside a lodge in the Pachora town of Jalgaon district.

The incident took place on May 28 at a lodge located on Jalgaon Road. Police have registered an accidental death report (ADR) case and are investigating the circumstances surrounding the incident.

About The Incident…

The deceased has been identified as Ravindra Sanjay More, a resident of Pachora who operated a readymade garment shop in the town. According to police, More was in a relationship with a minor girl.

Investigators said the couple met at the lodge on Wednesday. Preliminary information suggests they were distressed because they believed a marriage between them was not possible.

Police Clarify Details…

Police suspect the two attempted to end their lives by hanging themselves from a ceiling fan in their room using a rope. Ravindra died during the incident. However, the girl survived after the rope reportedly snapped.

The incident came to light after lodge staff and local authorities were alerted. The girl was rescued and provided medical assistance, while Ravindra was declared dead.

Investigation Underway…

The case has created a stir in Pachora due to the circumstances surrounding the incident. Family members of the deceased have expressed suspicion and questioned whether the death was purely a case of suicide.

Police officials said all angles are being examined. Statements are being recorded, and evidence from the lodge is being reviewed as part of the investigation.

Authorities have stated that the exact sequence of events will become clear only after the completion of the investigation and the receipt of relevant forensic and post-mortem reports.

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National News

US President Donald Trump’s Daughter Tiffany Visits India’s Iconic Taj Mahal With Husband During Private Trip

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1 hour ago

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May 30, 2026

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India’s most iconic monument just welcomed another high-profile visitor. Tiffany Trump, daughter of US President Donald Trump, made a stop at the world-famous Taj Mahal on May 30 during her private trip to India, accompanied by her husband, Michael Boulos.

The couple reportedly arrived in Agra on Saturday and spent time exploring the historic marble mausoleum before continuing their travels to Rajasthan. Videos from the visit, shared by press, showed Tiffany embracing the Indian summer in a breezy floral dress, while Michael opted for a relaxed casual look as they admired one of the world’s most celebrated architectural wonders.

Inside Tiffany Trump’s India visit with husband

Tiffany travelled to Agra via a chartered aircraft. Given the family’s global profile, authorities made special security arrangements during the visit. However, officials have clarified that the trip is entirely personal, with no political meetings or official engagements on the schedule.

Before arriving in Agra, Tiffany also visited Swaminarayan Akshardham in Delhi. Sharing her experience on social media, she described the visit as an “Incredible visit to Akshardham Temple,” offering followers a glimpse into her cultural tour across India.

The visit has naturally sparked interest, not only because of Tiffany’s famous family name but also due to the Trump family’s longstanding connection with India. Over the years, members of the family have frequently expressed admiration for India’s culture, heritage, and historic landmarks.

Tiffany, the daughter of Donald Trump and actress Marla Maples, married Michael Boulos in 2022. Since then, the couple has often been spotted together at family celebrations, public appearances, and international events.

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