·The Hindu·15 marks·250–350 wordsPolity

Does the judicial trend in cases like Krishna Janmabhoomi-Shahi Idgah and Gyanvapi dilute the intent of the Places of Worship Act, 1991? Discuss.

In this answer
  1. Trends that suggest dilution
  2. Why the charge is overstated

The Places of Worship (Special Provisions) Act, 1991 freezes the religious character of every shrine as it stood on 15 August 1947 and bars courts from entertaining suits to alter it, exempting only the Ram Janmabhoomi-Babri Masjid dispute [1]. Recent litigation has not repealed that bar, but has thinned it at the margins.

Trends that suggest dilution

  • Maintainability over the statutory bar: the Allahabad High Court on 1 August 2024 held all 18 Hindu-side suits over the 13.37-acre Katra Keshav Dev-Shahi Idgah complex in Mathura maintainable, rejecting the objection that the 1991 Act barred them [2].
  • Interpretive opening: the Act does not define "religious character", allowing courts to treat a shrine's 1947 character as a triable issue rather than a closed question.
  • Ancillary survey and commission orders in Gyanvapi and Mathura let evidence-gathering advance before title is decided, so litigation itself erodes the finality the Act promised.
  • Public-order spillover: calls for "Kar Seva" at Mathura obliged the District Magistrate and SSP to file a sealed-cover security report before the High Court in August 2026 [3] — exactly the mobilisation the Act sought to pre-empt.

Why the charge is overstated

  • Supreme Court correction: on 12 December 2024 the CJI-led Bench barred registration of fresh suits and any final or effective order in pending ones until the Act's validity is settled [4].
  • Maintainability is not merits: no court has yet disturbed the character of any shrine; Section 4's bar survives intact.
  • Constitutional anchoring: the Ayodhya verdict (2019) read the Act as protecting the secular features of the polity, a basic feature — raising the constitutional cost of dilution [5].

The trend therefore reflects procedural permissiveness, not substantive erosion of the 1991 mandate. A time-bound Supreme Court ruling defining "religious character" and settling the Act's validity, coupled with firm state action on public order, would restore certainty. That would honour Parliament's promise that history's wrongs are not litigated into the nation's future.

Sources

  1. 1The Places of Worship (Special Provisions) Act, 1991 — India Code15 August 1947 freeze, Section 4 bar of jurisdiction, Section 5 Ayodhya exemption
  2. 2Allahabad High Court allows Krishna Janmabhoomi-Shahi Idgah trials to proceed, rejects plea challenging maintainability — Akashvani News (1 August 2024)18 suits held maintainable despite the 1991 Act
  3. 3Security tightened at disputed Mathura temple amid 'Kar Seva' concerns, HC told — The Hindu (28 August 2026)sealed-cover DM/SSP security report before the High Court
  4. 4No fresh suit to be registered under Places of Worship Act till further orders: Supreme Court — Akashvani News (12 December 2024)bar on fresh suits and effective orders pending validity ruling
  5. 5M. Siddiq v. Mahant Suresh Das (Ayodhya), 9 November 2019 — Supreme Court of India, JudgmentsAct as a safeguard of the Constitution's secular features
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