21 May 2022,  Disputes on Place of Worship in India

In 1950 a civil suit was filed seeking injunction to offer puja (worship) at disputed site, called Babri Masjid (Mosque), where people of Muslim faith were offering prayer. This was alleged by people of Hindu  religion that this was ancient place of birth of Lord Rama. Lord Rama was born on 10^th Jan. 5114 BC as per a Sciencetic Research on Vedas. Babur invaded India and founded Mughal dynastry in the 16^th century after conquering northern India from his base in Kabul. According to mosque’s inscriptions, it was build in 1528-29 (935AH) by Mir Baqi, a commander of Mughal emperor Babur. According to Hindu, Baqi destroyed a pre-existing temple of Rama at the site. There are only a few historical documents which are not sufficient about the Mosque or temple at site.

Since law of limitation set 40 years as time limit to file suit or examine facts and take some judicial note on facts; so this historical facts are of no relevance to look into claim of Muslims or Hindus regarding title dispute. Republic of India came into existence in 1947 and law was enforced thereafter, there is also important in law.

Supreme Court of India in 2019, finally decided dispute of Muslims and Hindus – called Ayodhya Dispute; which is not entirely based on title of land, but a sort of mutual understanding to finally settle the dispute between two religious’ group. In this dispute, Hindu claimed that a Mosque was build on birth  place of Lord Ram in Ayodhya.

Now many more disputes are being raised in Courts in India. Recently a dispute of Gyanvapi Mosque in Varanasi has incited communal friction once again. It is alleged that this Gyanvapi Mosque was constructed by then ruler Aurangzeb in 1669 upon demolition of an old Shiva Temple.

Similarly in Mathura, there is dispute that a temple built at birth place of  Lord Krishna- called Krishna Janmasthan was destroyed multiple times, most recently by the Mughal emperor Aurangzeb in 1670 and build a Mosque- Shahi Idgarh.  Today both temple and mosque exist back to back in Mathura and both religious group offer prayers at their respective places.

There are many sites on which disputes are being raised. Even ancient monuments like Taj Mahal and Qutab Minar are alleged to have been constructed on remains of temple.

In India, about 80% population is Hindu and 15 % are Muslim.

To maintain harmony, in 1991, a Law- THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991  was enacted in India  to prohibit changes and maintenance of religious character of place of worship as on 15^th Aug. 1947, when Constitution of India came into existence.

Now I examine if these disputes are maintainable in view of this 1991 Act.

The relevant provision of 1991 are as follows:

3. Bar of conversion of places of worship.—No person shall convert any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section thereof.

4. Declaration as to the religious character of certain places of worship and bar of jurisdiction of courts, etc.—

(1) It is hereby declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day. (2) If, on the commencement of this Act, any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on the 15th day of August, 1947, is pending before any court, tribunal or other authority, the same shall abate, and no suit, appeal or other proceeding with respect to any such matter shall lie on or after such commencement in any court, tribunal or other authority:

Provided that if any suit, appeal or other proceeding, instituted or filed on the ground that conversion has taken place in the religious character of any such place after the 15th day of August, 1947, is pending on the commencement of this Act, such suit, appeal or other proceeding shall be disposed of in accordance with the provisions of sub-section (1).

(3) Nothing contained in sub-section (1) and sub-section (2) shall apply to,—

(a) any place of worship referred to in the said sub-sections which is an ancient and historical monument or an archaeological site or remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) or any other law for the time being in force;

(b) any suit, appeal or other proceeding, with respect to any matter referred to in sub-section (2), finally decided, settled or disposed of by a court, tribunal or other authority before the commencement of this Act; (c) any dispute with respect to any such matter settled by the parties amongst themselves before such commencement; 1 (d) any conversion of any such place effected before commencement of this Act.

(c) any dispute with respect to any such matter settled by the parties amongst themselves before such commencement;

(d) any conversion of any such place effected before such commencement by acquiescence;

(e) any conversion of any such place effected before such commencement which is not liable to be challenged in any court, tribunal or other authority being barred by limitation under any law for the time being in force.

Bare reading of above provisions in Act, it is clear that no dispute with respect to place of worship is maintainable before any Court in India. Section 3 (a) provides some exceptions, which are applicable in case of ancient monuments which are covered by other law- Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958). There are different authorities and law regarding ancient monuments, which is not open for any litigation.