Supreme Court Issues Stay on Places of Worship Surveys, to Hear Petitions Against 1991 Act
New Delhi, 12th December 2024: On Thursday, the Supreme Court halted all surveys of places of worship as it began hearing petitions challenging certain provisions of the Places of Worship Act. The court instructed lower courts not to accept or pass any orders regarding surveys of mosques until the next hearing of the matter.
The court made it clear that no survey orders or similar actions should be passed in ongoing cases as well. The Places of Worship (Special Provisions) Act, 1991, prohibits the conversion of any place of worship and mandates the preservation of the religious character of any site as it existed on August 15, 1947.
The petitions against the Act argue that it infringes upon the rights of Hindus, Jains, Buddhists, and Sikhs, particularly concerning the restoration of religious sites and pilgrimages destroyed in the past.
A bench of Chief Justice Sanjiv Khanna and Justices PV Sanjay Kumar and KV Vishwanathan stated that they are reviewing the constitutional validity and scope of the 1991 law. The Supreme Court has asked the Centre to file its response to the petitions and cross-petitions within four weeks, with an additional four weeks granted for other parties to file their replies.
The bench will proceed with the hearing after all pleadings are completed. In the meantime, the court has allowed several parties, including Muslim organizations, to intervene in the case.
The court is considering six petitions, including one filed by Ashwini Upadhyay, who seeks to have Sections 2, 3, and 4 of the Act declared invalid. One of the key arguments is that these provisions deny the right to judicial remedies for reclaiming places of worship.
