Supreme Court challenges India’s Place of Worship Act amid controversy
- India's Supreme Court is reviewing petitions against the Place of Worship Act.
- The law, enacted in 1991, maintains the status of religious sites as of 1947 and usually prohibits disputes concerning their status.
- Legal challenges to this act may heighten religious tensions in a country with a history of sectarian violence.
In India, petitions challenging the Place of Worship Act, enacted in 1991, are being considered by the Supreme Court. This law safeguards the character of religious sites as they were at the time of India's independence in 1947, barring alterations and preventing the courts from addressing disputes over their status, with the notable exception of the Babri Masjid case. The active petitions, one being filed by a member of Prime Minister Narendra Modi's Bharatiya Janata Party (BJP), assert that the law violates religious freedom and the principle of secularism enshrined in the Constitution. The petitions arise amid growing tensions as Hindu groups seek to assert claims on various mosques, claiming many were constructed atop demolished Hindu temples. Opponents of the petitions, including Muslim organizations and political leaders from opposition parties, vigorously defend the legislation, arguing it is essential for protecting the rights of religious minorities in a largely Hindu nation. They express concern that altering or nullifying the law could incite violent disputes, recalling previous riots and violent events that stemmed from similar controversies regarding religious sites. The backdrop of these developments includes a series of violent incidents related to court-ordered surveys of disputed sites. This includes a recent case in Sambhal, Uttar Pradesh, where violence erupted during a survey of a 16th-Century mosque, resulting in multiple fatalities. The Supreme Court's involvement in cases like the Gyanvapi Mosque further indicates that litigation over the status of religious sites has become increasingly contentious. As India grapples with its diverse religious identity, the implications of potential changes to the Place of Worship Act are profound. Critics of the ongoing legal challenges warn that if the floodgates are opened, it may not only lead to numerous lawsuits but also exacerbate religious tensions. The ongoing hearings and their ultimate decisions could set significant precedents, impacting inter-religious relations, law, and the very fabric of India's secular state.