Places of Worship Act 1991 Under Scrutiny: SC Stays Action on Religious Disputes

Reported by Shruti Sneha

New Delhi, 13th December 2024: In a historic ruling, the Supreme Court of India mandated that all trial courts refrain from issuing any effective decisions or conducting surveys pertaining to contested religious constructions until the Places of Worship (Special Provisions) Act, 1991’s legality was established. The Act, with the exception of disagreements like the Ayodhya Ram Janmabhoomi, maintains the religious identity of places of worship as it was on August 15, 1947.

A bench led by Chief Justice of India (CJI) Sanjiv Khanna, which also included Justices PV Sanjay Kumar and KV Viswanathan, issued an interim order on a series of petitions contesting several 1991 legislation provisions. The Court’s ruling halts the progress of up to 11 cases in India that involve disagreements over religious constructions, seven of which are in Uttar Pradesh.

Here’s a list of the primary disputed sites:

1. GyanvapiKashi Vishwanath Dispute (Varanasi, Uttar Pradesh)

The argument concerns claims that the ancient Vishweshwar Temple was demolished during the reign of Mughal emperor Aurangzeb in order to build the Gyanvapi Mosque. The Muslim side is disagreeing with the Hindu petitioners’ request for the temple to be restored. They assert that they have owned the mosque continuously. The Varanasi District Judge is still considering the case.

2. Krishna JanmabhoomiShahi Idgah Dispute (Mathura, Uttar Pradesh): Hindu petitioners assert that the Shahi Idgah Mosque was constructed on Krishna Janmabhoomi’s property. They are praying that it will be taken down and that the original temple there will be restored. While this matter is being considered by the Allahabad High Court, it has garnered more media attention.

3. Shahi Jama Masjid Dispute (Sambhal, Uttar Pradesh)

Hindu petitioners argue that an old Kalki temple served as the foundation for Sambhal’s Jama Masjid. There were casualties from communal violence as a result of the recent court-mandated surveys. The case is still ongoing before Sambhal, the Senior Division Civil Judge.

4. Ajmer Sharif Dargah (Ajmer, Rajasthan)

According to a lawsuit filed by Hindu petitioners, there used to be a Mahadev and Jain temple on the location of the Ajmer Dargah. They want the original temple to be surveyed and rebuilt. The Civil Judge (Junior Division), Ajmer, is hearing the matter.

5. Teelay Wali Masjid Dispute (Lucknow, Uttar Pradesh)

According to the petitioners, the mosque was built on the site of a temple that was demolished under Aurangzeb’s rule. Permission for religious activities at the location has been requested by Hindu followers. The Lucknow District Court is still considering the case.

6. Atala Masjid Dispute (Jaunpur, Uttar Pradesh)

Hindu petitioners assert that the mosque was constructed on top of the Atala Devi Mandir in the fourteenth century. The 2024-filed case may be heard by the Jaunpur Civil Judge (Junior Division) in December.

7. Shamshi Masjid Dispute (Badaun, Uttar Pradesh): According to petitioners, in the 13th century, a temple dedicated to Neelkanth Mahadev was replaced with the Shamshi Masjid. The case is scheduled for hearing this month and is presently before the Civil Judge (Senior Division), Badaun.

8. Jama Masjid and Dargah Shaikh Salim Chishti (Agra, Uttar Pradesh)

A lawsuit has been filed alleging that the Fatehpur Sikri mosque and dargah complex encroaches on property that was once owned by a Kamakhya Devi shrine. The Additional Civil Judge in Agra is still considering the case.

9. QuwwatulIslam Mosque (Qutub Minar Complex, New Delhi)

Hindu petitioners want the gods who were supposedly uprooted during the mosque’s construction to be returned. The Saket District Judge is hearing the matter.

10. Kamal Maula Mosque Dispute (Bhojshala Complex, Madhya Pradesh) The Bhojshala building, according to the petitioners, was a Hindu temple. The mosque was built using pieces from a temple, according to the ASI investigation. The Madhya Pradesh High Court is still considering the case.

11. Juma Masjid (Malali Mosque, Mangalore, Karnataka)

The Vishwa Hindu Parishad (VHP) has requested an inspection of the mosque, asserting that it contains a structure resembling a temple. The matter is still pending before Mangalore’s civil judge.

Until the legal challenges to the Places of Worship Act are settled, no surveys, excavations, or other effective orders will be carried out thanks to the Supreme Court’s temporary reprieve. It is regarded as one of the most significant choices made in the nation to lessen the escalating sensitivities of the community.