oppn parties The Places Of Worship Act Must Be Followed In Letter And Spirit

News Snippets

  • Government to introduce PF for self-emplyed and gig workers
  • Crush at Puri Rathyatra leaves 2 dead and 78 injured
  • NEET-UG, marred in controversy due to pape4r leak, saw a huge increase in top scores as two scored 715/720 and 11.2 lkah candidates cleared the exam
  • India's first hydrogen-powered train will be flagged off by PM Modi from Jind in Haryana
  • Delhi HC asks the government to monitor Sona Wnagchuk's health regularly
  • TMC Rajya Sabha MP Koel Mallick resigns from her seat, leaves TMC. Mamata asks all those wishing to leave the party to do so before July 21
  • Calcutta HC says land deed is not a proof of citizenship. Refuses to provide protection to a man facing deportation on basis of land deed
  • Supreme Court tells the government to teach the third language in the 3-language formula in Class 6 and not Class 9
  • Government to take steps to boost liquidity for small businesses
  • RBI says that banks cannot sell seized assets back to the defaulters
  • Centre decides to take equity stakes in semiconductor startups
  • Markets remain flat on Thursday: Sensex closes just 1 point ahead and Nifty ended 5 point lower
  • BCCI:Selectors have possibly decided that Rohit Sharma will not be selected for ODIs after the Lord's game on Sunday
  • Japan Open badminton: P V Sindhu stuns world no. 5 Han Yue of China 21-16, 21-14 to enter the quarterfinals
  • 2nd ODI versus England: Indian batting fails miserably except Gill, Kohli and Iyer to score just 233 all out. England win by 4 wickets
Supreme Court clarifies that it has not issued a blanket ban on use of bulldozers, and they can be used after compliance with procedure laid down in civil laws
oppn parties
The Places Of Worship Act Must Be Followed In Letter And Spirit

By Our Editorial Team
First publised on 2022-05-18 09:45:44

About the Author

Sunil Garodia The India Commentary view

When India gained independence in 1947, it decided to be a nation where people of different faiths could reside as citizens. It expressly rejected the theory of the state identifying itself with any particular religion. Although the word secular (separating the state from religion) was added to the Preamble of the Indian Constitution only in 1976 by the 42nd Amendment, India had always been a nation where all faiths existed and the state did not differentiate between citizens along religious lines. This also put an unwritten obligation on the state to protect all citizens and their religious places irrespective of their religion. When the Babri Masjid-Ram Janabhoomi dispute was brewing, the then government enacted the Places of Worship (Special Provisions) Act in 1991 which, although it expressly kept the said dispute out of its ambit, created a special law to protect the character of places of worship as they existed on the date India gained independence in a bid to preserve history and prevent future conflicts. The BJP had opposed the legislation in Parliament.

With the BJP now in power with an absolute majority, it is presiding over a situation where assorted groups are being allowed to target mosques and other structures in a bid to change their character in complete disregard to the Places of Worship Act. This is wrong. As the ruling party, it should ensure that the law is strictly followed. There is no doubt that India was repeatedly invaded by Muslim invaders who looted temples, razed them and build mosques in their place and converted huge number of Hindus at sword-point. But that was then when there were no laws and the invaders showed no mercy. Modern India is a country which follows rule of law and due process. The reconversion of these mosques into temples will violate the provisions of the Places of Worship Act and will also have the effect of erasing history and trampling upon the rights of Muslims who are as much Indian citizens as Hindus.

The Supreme Court is now hearing the Gyanvapi matter where the discovery of the 'shivling' has led to filing of many pleas that, if allowed, will have the combined effect of totally changing the character of the place of worship. It must uphold the provisions of the Places of Worship Act and foil such attempts in the Gyanvapi and other many more matters from all over India that are likely to come before it. As a start, the court has done well to order the district administration in Varanasi to ensure that while the disputed area where the shivling was found is sealed and protected, the Muslim faithful are not prevented from offering namaz at the mosque. The court must not allow violation of the Act.