The Places Of Worship Act Must Be Followed In Letter And Spirit
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By Our Editorial Team
First publised on 2022-05-18 09:45:44
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The India Commentary view
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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.
