Supreme Court Puts Fresh Suits on Hold Under Places of Worship Act
Supreme Court Ruling: A Blow to Hindu Aspirations?
The Supreme Court of India has ruled to halt the registration of fresh suits under the Places of Worship (Special Provisions) Act, 1991, while its constitutionality is under scrutiny. The court has also barred lower courts from issuing interim or final orders in ongoing cases related to the Act. This decision has sparked concerns among Hindus who argue that the law disproportionately targets their community.
The Act, introduced in 1991, mandates that the religious character of all places of worship shall remain as it was on August 15, 1947, except for the Ram Janmabhoomi-Babri Masjid dispute. Petitioners, including BJP leaders Ashwini Upadhyay and Subramanian Swamy, contend that this law violates constitutional rights, particularly Articles 14, 25, and 26, by preventing Hindus from reclaiming sites of religious significance.
What the Court Said
The Supreme Court, led by Chief Justice Sanjiv Khanna, emphasized that fresh petitions against the Act would not be registered until the matter’s validity is resolved. Existing suits, such as those involving the Gyanvapi mosque, Mathura Shahi Idgah, and others, can proceed but without any interim or final orders. The bench also directed the Union Government to file a counter-affidavit, which has been made available for petitioners to access.
Interestingly, while halting fresh cases, the court allowed the Jamiat Ulema-i-Hind’s counter-petition, which demands strict enforcement of the Act, to proceed. This selective permission raises eyebrows about potential judicial bias.
The Hindu Perspective: Judiciary and Selective Secularism
The Places of Worship Act has long been criticized for its selective application. Hindus argue that it prevents them from reclaiming temples desecrated and converted during centuries of invasions. The Act, they say, perpetuates historical injustices by freezing the status quo as of 1947, ignoring centuries of cultural and religious significance.
The judiciary’s decision to bar new cases while allowing counter-petitions supporting the Act appears one-sided. It reflects a pattern where institutions prioritize appeasement over justice. This bias undermines the Constitution’s claim to secularism and equality, as it disproportionately silences the grievances of the Hindu community.
A Call for Fairness
Why is it that Hindus face legal hurdles when reclaiming their heritage, while other communities receive swift support for their causes? The judiciary’s role should be to uphold justice, not enforce politically motivated laws that favor one community over another. The ongoing proceedings offer an opportunity to address these grievances and restore faith in the system.
Hindus are not demanding unfair treatment but equitable consideration. The Places of Worship Act, as it stands, fails to acknowledge the unique history of India, where temples were not merely religious centers but also symbols of culture and identity. By halting progress on these issues, the judiciary risks alienating a significant section of its populace.
The Supreme Court’s decision to pause new suits under the Places of Worship Act reflects the growing chasm between justice and appeasement. As the matter unfolds, Hindus hope for a fair resolution that acknowledges their historical and cultural claims. Anything less would be a betrayal of secularism and justice.
An Opportunity for Reform
While the Supreme Court has restricted new filings under the Act, it is also a unique opportunity. The case currently challenges the law’s constitutionality. If the Act is proved to be unconstitutional then proving the Act’s unconstitutionality could set a precedent. It could demonstrate how the Act violates secular principles and unfairly targets one community: Hindus.
If successful, this could lead to repealing the Act, a much-needed correction of a historical injustice. Furthermore, it could pave the way for broader constitutional reforms. Many laws in India today are seen as biased against Hindus, perpetuating systemic persecution. Addressing these issues could restore balance and fairness in the Indian legal framework.
A Step Towards Justice
The Hindu community hopes this legal battle will not just address the Places of Worship Act but also signal the beginning of a more equitable system. Secularism should mean justice and equality for all, not appeasement for some at the cost of others. Repealing this law could be the first step toward ensuring India’s constitutional values align with its rich, diverse heritage.