Places of Worship Act 1991

Places of Worship Act: Introduction

• The Places of Worship Act was introduced in 1991 to prevent conversion of any place of worship and ensure maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947.
• The Places of Worship Act bars the conversion, in full or part, of a place of worship of one religion into a place of worship of a different religion or different segment of the same religious denomination..
• Section 4(2) says any suit or legal proceeding with respect to the conversion of the religious character of any place of worship existing on August 15, 1947, pending before any court, shall abate — and no fresh suit or legal proceedings shall be instituted.
• Section 5 stipulates that the Places of Worship Act shall not apply to the Ramjanmabhoomi-Babri Masjid case, and to any suit, appeal or proceeding relating to it.
• The constitutional validity of the Places of Worship Act is under challenge on grounds including arbitrariness.

Places of Worship Act: History of the Controversy

• The Idgah Maidan is used by Muslims to offer prayers during Bakrid and Ramzan. Before independence, the ground is said to have used by various organisations.
• In 1920s, the Hubballi Municipality leased the land to the Anjuman-e-Islam group for 999 years. The lease agreement was confirmed by the government of the Bombay Presidency.
• The Anjuman group tried to build commercial complex on the land. This move was challenged saying it violated the lease agreement.
• The 2010 decision of the Supreme Court declared that the Idgah Maidan was the exclusive property of the Hubballi-Dharwad Municipal Corporation, and that the Anjuman could only hold prayers in the ground twice a year.

Places of Worship Act: Significance

• The Places of Worship Act addresses itself to the State as much as to every citizen of the nation.
• The State, has by enacting the law, enforced a constitutional commitment and operationalised its constitutional obligations to uphold the equality of all religions and secularism which is a part of the basic features of the Constitution.
• The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution.
• Thus, the law is a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution.

Places of Worship Act: Ruling of the High Court

• The High Court ordered that there was no title dispute in Hubbali-Dharwad. It was clear that the property belonged to Dharwad Municipality, and Anjuman-e-Islam was a licensee who had permission for namaz only on certain specified days of the week.
• The High Court rejected the Anjuman’s petition that the property was protected by the Places of Worship Act, 1991.
• It was noted that the ground was being used for parking vehicles, vending, etc., and that there was no record showing that it had been declared a place of worship.

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