The Akhil Bhartiya Sant Samiti, a prominent Hindu organization, has filed a plea in the Supreme Court seeking to intervene in ongoing cases against the 1991 Places of Worship (Special Provisions) Act. This act mandates the preservation of the religious character of places of worship as they existed on August 15, 1947, barring the Ayodhya dispute. The organization’s petition, which challenges Sections 3 and 4 of the Act, argues that these sections infringe on fundamental rights including equality and freedom of religion.
Filed through lawyer Atulesh Kumar, the plea asserts that the provisions in question unlawfully prevent the conversion of places of worship and bar courts from hearing disputes over the religious character of such places. The samiti contends that this not only validates the establishments made by “barbaric invaders” but also restricts Hindus, Jains, Buddhists, and Sikhs from reclaiming and restoring their sacred sites.
Chief Justice Sanjiv Khanna heads the bench that is currently reviewing six petitions challenging various aspects of the law. The Supreme Court, on December 12, 2024, had issued an order restraining lower courts from taking up new lawsuits or making significant decisions in existing ones that challenge the religious status of places, particularly mosques and dargahs, across the country.
The Akhil Bhartiya Sant Samiti, based in Vrindavan and Varanasi, argues that the 1991 law undermines judicial authority by excluding court review of these disputes, which it claims violates the basic structure of the Constitution. The samiti further criticizes the Act’s retrospective cutoff date of August 15, 1947, as it disregards historical injustices and denies affected communities the right to seek redress.
The issue is further complicated by interventions from Muslim bodies such as the Jamiat Ulama-i-Hind, which advocate for strict enforcement of the 1991 Act to maintain communal harmony and preserve the current status of disputed religious sites.
The Supreme Court has also agreed to examine a related plea by AIMIM chief Asaduddin Owaisi, which calls for effective implementation of the law. This case has been scheduled for hearing alongside other related cases on February 17. In the meantime, the top court’s recent order has effectively paused proceedings in about 18 lawsuits initiated by various Hindu groups that demand surveys to verify the original religious character of specific mosques, including prominent sites in Varanasi, Mathura, and Sambhal.
