| PYQ Relevance: Q) Are tolerance, assimilation and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. (UPSC CSE 2022) |
Mentor’s Comment: UPSC Mains have previously focused on the ‘Indian concept of secularism’ (2018) as well as the ‘tolerance, assimilation and pluralism’ of India (in 2022).
Archaeologists typically dig historic sites to uncover ancient civilizations or cities, using scientific methods. However, excavating under one religion’s place of worship to find another’s is unusual and non-secular. Former CJI D.Y. Chandrachud found no issue with such a survey in the Gyanvapi mosque case, observing it might not violate the Places of Worship Act.
Today’s editorial explores the issues and implications of survey or excavation in an active place of worship.
_
Let’s learn!
Why in the News?
Conducting a survey or excavation in an active place of worship to determine its religious identity violates the rights granted under Article 26.
What is the role of interpreting historical events like the Places of Worship Act?
- Secular Intent: The Places of Worship (Special Provisions) Act, enacted in 1991, aims to maintain the religious character of places of worship as they existed on August 15, 1947. Its purpose is to prevent communal tensions and preserve secularism in India by prohibiting the conversion of places of worship from one religion to another.
- Historical Context: The Act was introduced in response to rising communal tensions, particularly during the Ram Janmabhoomi movement. It seeks to provide a legal framework that acknowledges historical grievances while promoting coexistence among different religious communities.
- Legal Clarity: The Act explicitly states that any legal proceedings regarding the conversion of religious places existing as of 1947 shall abate, thereby providing a clear legal stance on maintaining the status quo and preventing future disputes over religious sites.
How do ideological biases affect the understanding and what are the legal challenges?
- Challenging Constitutionality: The constitutionality of the Places of Worship Act is currently under challenge in the Supreme Court. Critics argue that the choice of August 15, 1947, as a cut-off date is arbitrary and infringes on judicial review rights, suggesting that it limits access to courts for addressing historical injustices.
- Specious Arguments: The argument that the date was chosen arbitrarily is countered by the rationale that it marks India’s independence and the establishment of a new sovereign state. Thus, it serves as a logical reference point for determining the religious character of places of worship.
- Judicial Review Concerns: The claim that the Act undermines judicial review is contested; while it does prevent certain types of suits from proceeding, it does not eliminate judicial oversight entirely. The Act’s provisions aim to balance legislative authority with judicial processes.
What are the Judicial Observations and Consequences?
- CJI’s Remarks: Former Chief Justice D.Y. Chandrachud’s observation regarding surveys in places of worship sparked controversy. His statement suggested that such surveys might not violate the Places of Worship Act, leading lower courts to order surveys in mosques without fully considering their implications or legal standing.
- Impact on Communal Harmony: The lower courts’ decisions to conduct surveys have led to increased tensions and even violence in some instances, highlighting how judicial observations can have significant real-world consequences on communal relations.
- Legal Relevance of Surveys: The necessity for surveys to determine religious character is questioned since the Act already establishes what that character was as of 1947. This raises concerns about unnecessary provocations and potential violations of established law.
| What do fundamental rights say? • Article 26 Protections: Article 26 of the Indian Constitution grants religious denominations the right to manage their own affairs in matters of religion. Interference through surveys or excavations in places of worship can be viewed as a violation of this fundamental right. • Worship as a Fundamental Right: The act of worshipping in a mosque or church is protected under this Article. Any external interference aimed at redefining or questioning this right undermines the autonomy and dignity afforded to religious communities. • Historical Preservation vs. Political Agendas: While archaeology can reveal historical truths, using it as a tool for political or communal agendas risks distorting history and inciting further division among communities. It emphasizes the need for careful handling of sensitive historical narratives within legal frameworks. |
Way forward:
- Strengthen Legal Safeguards: Ensure strict adherence to the Places of Worship Act, 1991, to prevent misuse of surveys or excavations that could disrupt communal harmony, while upholding secular principles and maintaining the religious status quo as of 1947.
- Promote Judicial Prudence: Advocate for cautious and balanced judicial observations to avoid unintended consequences on communal relations, ensuring sensitive cases are handled with due consideration of legal and social implications.
