Supreme Court's Bold Move: New Suits on Places of Worship Blocked Under 1991 Act
In a landmark move, the Supreme Court of India issued a significant order on Thursday blocking new civil suits relating to the ownership and title of places of worship. This order is related to the contentious Places of Worship Act, 1991, and has been passed with the aim of stopping fresh disputes over religious structures across the country.
The order applies both to pending cases and fresh cases and prohibits the civil courts from registering fresh suits or conducting surveys of the disputed religious sites till further notice. The move has come in as the court is continuing to hear the challenge against the Places of Worship Act, a law that took effect after the Ayodhya movement. The law holds that the religious character of a place of worship as it existed on August 15, 1947, shall remain unchanged, except for the dispute over Babri Masjid-Ram Janmabhoomi.
What Does the Supreme Court's Order Mean?
This decision by the Supreme Court has significant implications for civil lawsuits that claim rights to mosques or temples built on grounds which are alleged to have belonged to previous Hindu religious establishments. The order stays all further litigations such as conducting surveys or investigations till an appropriate order is made in the court.
This judgment is the result of pleas against the Places of Worship Act, which critics say is a law that deprives the judicial review power. The pleas point out that the cut-off date of the law, which is August 15, 1947, arbitrarily freezes the religious character of sites and impedes judicial proceedings and public disputes.
The Places of Worship Act, 1991 was enacted to maintain the religious status quo of places of worship and avoid conflicts over religious sites, especially in the aftermath of the Babri Masjid demolition. Earlier, the law had been criticized because of the objections raised against the inclusion of the cut-off date and the possibility of superseding judicial proceedings.
Cases Impacted by the Supreme Court Judgment
Several high-profile cases are directly impacted by the Supreme Court's order. Among them are disputes concerning the Gyanvapi Mosque in Varanasi and the Shahi Jama Masjid in Sambhal, where surveys had been ordered to ascertain historical claims about Hindu religious structures. These and other similar disputes were directly blocked under this new order.
The Shahi Idgah Mosque in Mathura and the Quwwat-ul-Islam Mosque in Delhi, among others, have faced delays or suspensions following intervention by the Supreme Court. Now, these cases will remain suspended until the next hearing.
Why is the Places of Worship Act Important?
The Places of Worship (Special Provisions) Act, 1991 was enacted to preserve the integrity and religious character of places of worship in India. The law prohibits any changes to the religious character of any place of worship except for the Babri Masjid dispute, which is pending in the courts for a long time. The law had faced a challenge that it impinges on judicial authority as it closes the door for future claims and disputes.
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