Why was the Places of Worship Act Enacted?

  1. 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.
  1. 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.
  1. 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?

  1. It arbitrarily and irrationally freezes the religious character of all places of worship retrospectively as it stood on 15th August, 1947.
  1. 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.
  1. 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
  1. 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.
  2. 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.
  1. 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

  1. Kashi Viswanath Temple: Gyanwapi Mosque
  2. Krishna Janmabhoomi Temple: Shahi Idgah Mosque
  3. Rudra Mahalaya at Patan, Gujarat: Jami Masjid
  4. Bhojsala Temple of Saraswati at Dhar, Madhya Pradesh: Kamal Maulana Dargah
  5. Adinath Temple at Pandua,West Bengal: Adina Mosque
  6. Bhadrakali Temple at Ahmedabad: Jama Masjid
  7. Vijay Temple at Vidisha, Madhya Pradesh: Bijamandal Mosque
  8. Dhrub Stambh-Vishnu Dhwaj: Kutub Minar
  9. Attala Devi Mandir at Jaunpur, Uttar Pradesh: Atala Mosque
  10. Sarswati Temple at Ajmer, Rajasthan: Dhai Din ka Jhopra Mosque
  11. Sankaracharya Mandir, Sri Nagar: Pather Masjid Sri Nagar


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.

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