Landmark Hearing: Chief Justice’s Bench to Interpret Fate of India’s Sacred Spaces Under 1991 Act

The Supreme Court of India is set to hear a public interest litigation (PIL) on Tuesday, challenging the constitutional validity of a contentious provision of the Places of Worship Act, 1991. The provision, Section 4(2), has been the subject of much debate, with critics arguing it is arbitrary, irrational, and violative of fundamental rights enshrined in the Indian Constitution.

The PIL, filed by advocate Shweta Sinha, alleges that this provision not only closes the doors of mediation but also takes away the power of the judiciary. The plea argues that the legislature cannot take away the power of the judiciary to preside over disputes, and that this has been done through “colorable legislation”. This is a significant development, given that a similar plea was filed in March 2021 by advocate Ashwini Upadhyay, which the Supreme Court is already seized of.

As per the causelist published on the Supreme Court’s website, a bench headed by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will hear the latest plea on April 1. This is a significant step forward, as the Supreme Court had earlier ordered that no fresh suits would be registered under the Places of Worship Act, and in pending cases, no final or effective orders would be passed till further orders.

The contentious provision of the 1991 Act prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. The plea argues that this provision is manifestly arbitrary and irrational, and that it is violative of Articles 14, 21, 25, and 26 of the Indian Constitution. The livelihoods and rights of individuals, particularly those who have been unable to access their places of worship due to these restrictions, are at stake.

This development is likely to have far-reaching consequences, as the Supreme Court’s ruling will have a significant impact on the future of religious freedom in India. The court’s decision will be closely watched by religious groups, activists, and the general public, all of whom are eagerly awaiting the outcome of this significant legal battle.

Prime Minister Narendra Modi, while wishing the nation on the occasion of Eid Mubarak, emphasized the importance of hope, harmony, and kindness. His words of wisdom come at a time when India is grappling with the challenges of maintaining social harmony in the face of rising religious tensions.

As the Supreme Court gears up to hear this crucial PIL, the nation holds its breath, hoping for a solution that will restore the faith of individuals in the Indian judicial system. The outcome of this case is likely to shape the course of India’s religious landscape for years to come, and is sure to be a topic of discussion for legal scholars, religious leaders, and the general public alike.

Original Source: https://www.sentinelassam.com/more-news/national-news/cji-led-bench-to-hear-pil-against-places-of-worship-act-1991-on-tuesday
Category : National News
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Publish Date: 2025-04-01 08:51:00