Note4Students
From UPSC perspective, the following things are important :
Mains level: Population Issues; Religious challenges in India; Places of Worship Act, 1991;
Why in the News?
The petition in Sambhal is like those filed for Varanasi’s Gyanvapi Mosque and Mathura’s Shahi Idgah. The main issue is how the law – ‘Places of Worship Act, 1991’, is understood.
What were the causes of the strikes?
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What Does the Law Say About the Petitioners’ Claim?
- Civil Suit Framework: The petitioners filed a civil suit seeking to establish their claim over the mosque site. In civil suits, initial claims are generally accepted at face value (prima facie), allowing for further evidence to be presented later if the suit is deemed maintainable.
- Challenges Under Places of Worship Act: However, any claim that seeks to alter the religious character of a place of worship is barred under the Places of Worship Act, 1991.
- This Act aims to maintain the status quo of religious sites as they existed on August 15, 1947.
What Does the Places of Worship Act, 1991 Say?
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How have Courts allowed these Title Suits?
- Judicial Interpretations: Despite the provisions of the Places of Worship Act, courts have allowed title suits related to places like Gyanvapi and Mathura by ruling them maintainable. This has occurred even while constitutional challenges to the Act are pending before higher courts.
- Supreme Court Observations: A significant observation by the Supreme Court indicated that while changing a place’s religious nature is prohibited under the Act, inquiries into its historical character may still be permissible. This interpretation has provided grounds for district courts to entertain such petitions without directly contravening the Act’s intent.
- Sambhal Case Specifics: In Sambhal’s case, the court ordered a survey before determining whether the civil suit was maintainable. This ex-parte decision (made without hearing both sides) has led to further disputes regarding its legality and fairness.
Way forward:
- Strict Adherence to the Places of Worship Act: Courts must uphold the intent of the 1991 Act by ensuring that disputes challenging the religious character of sites as of August 15, 1947, are dismissed, avoiding unnecessary surveys or actions that could inflame communal tensions.
- Fostering Interfaith Dialogue: Governments and local authorities should facilitate interfaith discussions to address historical grievances peacefully and promote mutual understanding, reducing the risk of violent clashes and fostering communal harmony.
Mains PYQ:
[2019] What are the challenges to our cultural practices in the name of Secularism?
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