WHY SHOULD PLACES OF WORSHIP ACT, 1991 BE SCRAPPED?
Why was the Places of Worship Act Enacted?
- Congress govt in 1991 enacted the Places of Worship ( Special Provisions) Act at the peak of Ram Janmabhoomi movement to fraudulently prevent such movements to restore other ancient Hindu, Buddhist, Jain and Sikh places of worship plundered, demolished and converted to mosques by barbaric Islamic invaders.
- It wanted to prevent conversion of religious character of any place of worship from one denomination to another, i.e. wanted to prevent restoration of temples demolished and converted to mosques by invaders.
- Thus, Congress wanted to legalise the illegal plunder and demolition of temples by Islamists invaders and rulers from Mohammad Ghori onwards.
Why is the Places of Worship Act Unconstitutional & Illegal?
- It arbitrarily and irrationally freezes the religious character of all places of worship retrospectively as it stood on 15th August, 1947.
- By barring and abating any suits seeking to reclaim temples converted to mosques before 15th August 1947, other than the Ram Janmabhoomi suit, the Act violates fundamental right to pray, worship and propagate religion of Hindus under Art.25 and 26 of the Constitution.
- The Act violates “Secularism” which is the basic structure of the Constitution by being biased against Hindus, Buddhists, Jains and Sikhs who were victims of Islamic iconoclasm. Thus, it also violates fundamental rights under Art. 14 & 15 of the Constitution
- The Act prevents right to legal remedy for restoration of temples, by barring suits and approaching courts, including High Courts & Supreme Court which is violative of fundamental rights under Art. 226 & Art.32 of the Constitution.
- The Act while denying legal remedy criminalises anyone who tries to convert the religious character of a place from one denomination to another by imprisonment upto 3 years.
- The Congress govt at Centre did not have the legislative jurisdiction to enact the law as it was enacted under the garb of ‘Public Order, which is a State subject under Entry-1, List-II of Schedule VII of the Constitution. Similarly, “Pilgrimage other than pilgrimages to places outside India” is also a State subject under Entry-7, List II, Schedule VII. Thus, the Act is patently illegal, ultra vires and unconstitutional.
Important Temples Demolished & Converted To Mosques
- Kashi Viswanath Temple: Gyanwapi Mosque
- Krishna Janmabhoomi Temple: Shahi Idgah Mosque
- Rudra Mahalaya at Patan, Gujarat: Jami Masjid
- Bhojsala Temple of Saraswati at Dhar, Madhya Pradesh: Kamal Maulana Dargah
- Adinath Temple at Pandua,West Bengal: Adina Mosque
- Bhadrakali Temple at Ahmedabad: Jama Masjid
- Vijay Temple at Vidisha, Madhya Pradesh: Bijamandal Mosque
- Dhrub Stambh-Vishnu Dhwaj: Kutub Minar
- Attala Devi Mandir at Jaunpur, Uttar Pradesh: Atala Mosque
- Sarswati Temple at Ajmer, Rajasthan: Dhai Din ka Jhopra Mosque
- Sankaracharya Mandir, Sri Nagar: Pather Masjid Sri Nagar
Conclusion
The central government or the Supreme Court should either repeal or quash the Places of Worship Act as access to legal remedy to reclaim holy temples at Mathura, Kashi etc. is not only a fundamental religious right but also a case of reparation for historical wrongs and National Dishonour by invaders.
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text.
What is a prime example of vestiges of subjugation and domination of one group over the other. Kashi Vishwanath Temple which was plundered is a prime example of subjugation of Hindus by Islamists and the Gyan Vapi Mosque stands there even today as a testimony of the genocide of Hindus and also symbolizes the continued justification of the subjugation and domination of Hindus at the hand of Islamists. It is a testimony of Hindus tolerance and proof that how long Hindus have fought their own people, constitution, media and judiciary to take what is rightfully theirs’s. But it is still an uphill battle because the Islamists see the attempt to reclaim and heal wounds by the Hindu community as a threat and would like the Hindu to celebrate his subjugation and domination and thank the Muslim for it. The Media would like to portray the attempt by Hindus to try to reclaim their lost sacred spaces as a communal act while continuing to see the occupation of Hindu sacred spaces as a proof of Hindu subservience and inferiority. Islamists and their supporters are continuing to rub the wounds to keep them afresh by denying the sacred spaces to the Hindus who are the natives of India, their motherland.