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The Supreme Court of India issued a significant order on Thursday, effectively freezing all new legal challenges related to the religious character of existing structures until it can rule on the validity of the Places of Worship (Special Provisions) Act, 1991. This landmark decision carries profound implications for numerous ongoing legal battles across the nation, impacting both Hindu and Muslim litigants. The court’s directive explicitly prohibits the registration of any fresh lawsuits questioning the religious designation of buildings and also prevents lower courts from issuing any interim or final orders, including those related to surveys, in pending cases. This comprehensive freeze underscores the court's intention to comprehensively address the underlying legal framework before allowing further litigation to proceed.
The impetus for this sweeping order stems from a batch of public interest litigations (PILs) currently before the Supreme Court. These PILs directly challenge the constitutionality and fairness of certain provisions within the 1991 Act. The Act itself aims to maintain the religious character of places of worship as they existed on August 15, 1947, the date of India's independence, with the notable exception of the Ram Janmabhoomi-Babri Masjid site in Ayodhya, a matter already adjudicated by the Supreme Court in 2019. The petitioners contesting the Act raise several critical points. They argue that the selection of August 15, 1947, as the cutoff date is arbitrary and lacks a sound legal basis. Furthermore, they contest the Act's assertion that maintaining the status quo ante is intrinsically linked to India's independence and the resolution of historical conflicts stemming from colonial rule and religious tensions.
The Supreme Court’s order acknowledges the existence of 18 pending lawsuits across India involving approximately 10 mosques or shrines. These cases typically involve Hindu plaintiffs claiming ownership rights over properties currently housing Muslim places of worship, alleging the mosques were constructed on the sites of pre-existing Hindu temples. Notable examples include disputes surrounding the Shahi Jama Masjid in Sambhal, the Gyanvapi Mosque in Varanasi, the Shahi Eidgah Masjid in Mathura, and the Ajmer Dargah in Rajasthan. The Muslim parties in these cases have consistently invoked the Places of Worship Act to challenge the validity of the Hindu claims. The Supreme Court’s decision to halt all proceedings until the validity of the 1991 Act is definitively settled reflects a deliberate strategy to avoid potentially conflicting or contradictory judgments that might arise from parallel cases proceeding simultaneously.
The implications of this ruling extend beyond the immediate legal disputes. The decision highlights the ongoing tension surrounding religious identity and property rights in India. The court's proactive intervention underscores the sensitivity of these issues and the potential for these disputes to exacerbate societal divisions. The four-week deadline imposed on the Central Government to submit an affidavit in response to the petitions underscores the urgency and importance the court assigns to resolving the legal ambiguities surrounding the 1991 Act. The government's response will likely play a crucial role in shaping the Supreme Court's final determination on the matter. The outcome of these legal challenges will have significant repercussions, impacting not only the specific cases at hand, but also the broader legal framework governing religious properties and the delicate balance between religious freedom and property rights in India.
The Supreme Court's decision to temporarily halt proceedings demonstrates a commitment to a comprehensive and just resolution. By consolidating the legal challenges and preventing further fragmentation of the legal landscape, the court seeks to avoid creating a patchwork of conflicting judgments. This strategic approach ensures that the final decision regarding the validity of the Places of Worship Act will have a consistent and far-reaching impact, establishing a clear legal precedent for future disputes. The upcoming government response and the Supreme Court's final ruling will undoubtedly be closely scrutinized by all parties involved, as well as by the wider Indian public, given the sensitive nature of the issues at stake. The resolution of these challenges will have lasting implications for inter-religious harmony and the legal framework governing religious sites in India.
Source: No fresh suits, orders or surveys till we decide on pleas against Places of Worship Act: SC