Places of worship act 1991 – What is Places of Worship Act 1991? What will be the punishment for violating the law?

What is the Places of Worship Act 1991 (main points, criticism, why was it made, penalty/punishment, latest news What is the Places of Worship Act 1991?

The Places of Worship Act was enacted in the year 1991 during the Narasimha Rao government. Be it the Ram Temple controversy or a wider issue of knowledge, this Act is discussed a lot. But recently it has come into discussion because Rajya Sabha MP Harnath Singh Yadav has demanded to close the Places of Worship Act, while some leaders say that it should be followed. Today in this article we will understand this act completely.

Places of Worship Act 1991 in Hindi

SpecialityDescription
Name of act Places of Worship Act 1991
Year of implementation1991
PenaltyMaximum three years imprisonment and fine
ExceptionAncient and historical monuments, archaeological sites and remains protected by the Act of 1958
Applicable during the tenure of the Prime MinisterPV Narasimha Rao

What is the Places of Worship Act 1991?

The purpose of the Places of Worship Act (Places of Worship Act), enacted in 1991, is to ensure that the condition of all religious places remains the same as it was on August 15, 1947. This includes mosques, temples, churches and all other types of public worship places, which shall remain unchanged in accordance with their historical and religious tradition. Under this Act, neither any court nor the government can make any change in the identity or character of these religious places.

Parliament had also made it clear that the mistakes of history cannot be tried to be corrected in the present or future. The importance of this Act also came to the fore during the 2019 Ayodhya verdict, when five Supreme Court judges confirmed its relevance and importance.

Main sections of Places of Worship Act 1991

Prohibition of conversion (Section 3): It prohibits the conversion of any religious place, whether in whole or in part, from one religious community to another or within the same community.

Maintenance of religious character (Section 4(1)): This ensures that the religious identity of the place of worship remains as it was on August 15, 1947.

Disposal of pending cases (Section 4(2)): Declares that any legal proceeding relating to the conversion of religious places existing before August 15, 1947, shall lapse and no new case shall be instituted.

Exception (section 5): This Act does not apply to ancient and historical monuments, archaeological sites and remains protected by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

Criticism of the Places of Worship Act 1991

Restrictions on Judicial Review: Critics say the Act prevents judicial review, one of the basic elements of the Constitution.

Arbitrary retrospective cutoff date: The Act is considered arbitrary for determining the status of religious places using the date of Independence Day of 1947.

Violation of religious rights: Critics claim that the Act violates the religious rights of Hindus, Jains, Buddhists, and Sikhs.

Violation of secularism: Opponents say that the Act violates the basic tenet of the Constitution, secularism.

Supreme Court's view towards Places of Worship Act 1991

The Supreme Court has viewed the Places of Worship Act as a legislative intervention to maintain the commitment to secularism, a fundamental element of the Indian Constitution.

Why was the Places of Worship Act 1991 enacted?

The Places of Worship Act was introduced in 1991 by the Congress government led by then Prime Minister PV Narasimha Rao, when the Ram Temple movement was at its highest point. During this time, Lal Krishna Advani's historic Rath Yatra, his arrest in Bihar, and the firing on kar sevaks in Uttar Pradesh had greatly increased communal tension.

While introducing this law in Parliament, the then Home Minister SB Chavan had clarified that the implementation of such measures was necessary in view of the controversies that arise from time to time over conversion of religious places and activities that vitiate the communal atmosphere. . However, the main opposition party at that time, the Bharatiya Janata Party (BJP), strongly opposed the bill.

Provision of penalty/punishment under the Places of Worship Act 1991

According to the Places of Worship Act, 1991, there are equally stringent penalties for violating the terms of this law. Under this Act, anyone who violates its provisions can face imprisonment of up to a maximum of three years as well as fine. Thus, the Act provides for strict punitive measures to maintain the protected status of religious sites and prevent unauthorized alteration of their character.

A thorough review of the Places of Worship Act is necessary to address its criticisms and shortcomings. This should ensure that the Act does not limit judicial review and maintains a balance in preserving religious character while respecting the rights of different communities.

FAQ –

Question 1: When was the Places of Worship Act implemented?
Answer:
In 1991.

Question 2: What is the purpose of the Places of Worship Act?
Answer:
This Act was enacted to fix the status of religious places existing on August 15, 1947 and to prevent transformation of their religious character.

Question 3: What is the penalty under the Places of Worship Act?
Answer:
Violation of this Act can lead to a maximum punishment of three years and fine.

Question 4: Which places are not applicable under the Places of Worship Act?
Answer:
This Act does not apply to the ancient and historical monuments, archaeological sites and remains which are protected by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

Question 5: During the tenure of which Prime Minister, the Places of Worship Act was implemented?
Answer:
PV Narasimha Rao.
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