The Supreme Court of India postponed the hearing on a case challenging the validity of the Places of Worship Act, 1991. This law protects the religious identity of places of worship as they were on August 15, 1947. The government, however, has not yet responded to the challenge, despite multiple court orders over the past four years.

What is the case about?

The Places of Worship Act, 1991, prevents any religious place from being converted to another religion’s place of worship. It ensures that all places of worship remain as they were at the time of India's independence. The only exception is the Ram Janmabhoomi-Babri Masjid case, which was separately decided by the Supreme Court in 2019.

However, some people and groups have challenged this law, arguing that it prevents Hindus, Jains, Buddhists, and Sikhs from reclaiming their religious sites that were allegedly taken over by “fundamentalist barbaric invaders” centuries ago.

On the other hand, supporters of the Act say that removing it could lead to widespread legal battles and religious disputes across India. They claim the law is necessary to prevent communal tensions and maintain peace.

The government’s silence

The case has been in court for more than four years, but the central government has not yet filed a response. Over this period, the Supreme Court has given the government eight chances to submit a written statement, but each time, the government has either delayed or promised to provide a “comprehensive” response.

During the hearing on February 17, 2025, the Supreme Court once again noted that the government had not filed its response. The court had initially planned to hear the case on this date but decided to postpone it to April 1, 2025.

The Court’s reaction

During the brief hearing, the Chief Justice of India, Sanjiv Khanna, expressed concern over the large number of petitions being filed in the case. The court dismissed petitions that had not yet been officially heard but allowed new applications that raised fresh legal issues.

Senior advocate Indira Jaising had also requested the court to list out the legal issues in the case, but the court did not take up her request on Monday. Justice K.V. Viswanathan, who was supposed to be part of the three-judge bench, was unavailable due to another case.

Legal experts and their arguments

The case has attracted several top lawyers, including senior advocates Kapil Sibal, A.M. Singhvi, Dushyant Dave, P. Wilson, Raju Ramachandran, and Vikas Singh. They represent different parties, including minority organisations, political groups, and well-known individuals.

The central government is represented by Solicitor General Tushar Mehta and advocate Kanu Agrawal.

Advocate Kaleeswaram Raj, who supports the Act, said, “Interventions were bound to happen in a case involving a seminal constitutional question.”

Meanwhile, Vikas Singh, representing petitioner Ashwini Kumar Upadhyay, urged the court to direct the government to file its response. He reminded the court that the initial petitions were filed as early as 2021 and had still not received a proper reply from the government.

The Supreme Court will now hear the case in April 2025. Until then, the government has time to submit its response.

Past SC decision

The Supreme Court has already made some decisions related to this issue. On December 12, 2024, the court ruled that civil courts could not register new cases or issue orders related to reclaiming temples destroyed by Mughal rulers in the 16th century.

During that hearing, Justice K.V. Viswanathan stated that Section 3 of the Places of Worship Act is a reflection of constitutional principles. This means that even if the law did not exist, courts could still dismiss such cases for violating the Indian Constitution.

The Places of Worship Act, of 1991, remains a highly debated law. Some see it as necessary for maintaining peace, while others believe it unfairly stops some communities from reclaiming their religious sites. The Supreme Court's upcoming decision will be crucial in determining the future of this law. For now, the wait continues as the government remains silent, and the next hearing is scheduled for April 2025.

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