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

News Snippets

  • UP government removed Lokesh M as CEO of Noida Authority and formed a SIT to inquire into the death of techie Yuvraj Mehta who drowned after his car fell into a waterlogged trench at a commercial site
  • Nitin Nabin elected BJP President unopposed, will take over today
  • Supreme Court rules that abusive language against SC/ST persons cannot be construed an offence under the SC/ST (Prevention of Atrocities) Act
  • Orissa HC dismissed the pension cliams of 2nd wife citing monogamy in Hindu law
  • Delhi HC quashed the I-T notices to NDTV founders and directed the department to pay ₹ 2 lakh to them for 'harassment'
  • Bangladesh allows Chinese envoy to go near Chicken's Nest, ostensibly to see the Teesta project
  • Kishtwar encounter: Special forces jawan killed, 7 others injured in a faceoff with terrorists
  • PM Modi, in a special gesture, receives UAE President Md Bin Zayed Al Nahyan at the airport. India, UAE will boost strategic defence ties
  • EAM S Jaishankar tells Poland to stop backing Pak-backed terror in India. Also, Polish minister walks off a talk show when questioned on cross-border terrorism
  • Indigo likely to cut more flights after Feb 10 when the new flight rules kick in for it
  • Supreme Court asks EC to publish the names of all voters with 'logical discrepency' in th Bengal SIR
  • ICC has asked Bangladesh to decide by Jan 21 whether they will play in India or risk removal from the tournament. Meanwhile, as per reports, Pakistan is likely to withdraw if Bangladesh do not play
  • Tata Steel Masters Chess: Pragg loses again, Gukesh settles for a draw
  • WPL: RCB win their 5th consecutive game by beating Gujarat Giants by 61 runs, seal the playoff spot
  • Central Information Commission (CIC) bars lawyers from filing RTI applications for knowing details of cases they are fighting for their clients as it violates a Madras HC order that states that such RTIs defeat the law's core objectives
Stocks slump on Tuesday even as gold and silver toucvh new highs /////// Government advises kin of Indian officials in Bangladesh to return home
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.