Intense debate takes place on Places of Worship Act, 1991

New Delhi: The Legally Speaking event, the third Law and Constitution Dialogue organised by iTV Network, hosted discussions on the widely debated Places of Worship (Special Provisions) Act, 1991, on Friday. Prominent legal and political figures shared their insights, exploring the Act’s significance in the context of India’s legal framework and communal harmony. Each speaker offered unique perspectives, influenced by their political ideologies, legal expertise, and vision for India’s future.

The Places of Worship Act, 1991, was enacted to prevent disputes over religious sites and foster national integration. It prohibits the alteration of the religious character of any place of worship as it stood on 15th August 1947, except for the Ayodhya Ram Janmabhoomi-Babri Masjid dispute, which was already under litigation. By freezing the status quo, the Act aimed to deter new claims on religious sites and avoid conflicts rooted in historical events.

Mukhtar Abbas Naqvi, a prominent political leader, strongly supported the Act, emphasising the need to move beyond the destruction caused by foreign invaders, particularly during the Mughal era. He argued that modern India should focus on inclusivity and peace rather than revisiting historical wrongs. Naqvi stressed that the current generation should not bear the burden of past grievances but work towards a harmonious, communalism-free society.

Abhishek Manu Singhvi highlighted the Act’s role in drawing a clear line to prevent endless disputes over historical religious sites. Acknowledging that many religious structures have layered histories, he questioned the utility of revisiting such matters. Citing Gandhi’s warning that “an eye for an eye” leads to blindness, Singhvi criticised the practice of conducting surveys of religious sites when the Act itself prohibits changes. He welcomed the Supreme Court’s intervention in halting such enquiries, which are under review alongside the Act’s validity.

Salman Khurshid, a senior Congress leader, focused on the importance of closing the chapter on past religious disputes. He cautioned that reopening these issues would fuel communal tensions and perpetuate cycles of blame. Khurshid argued that national reconciliation and peace should take precedence, asserting that India had already drawn a line in 1947. Reopening historical disputes, he said, risks undermining India’s commitment to coexistence.

Legal expert Justice Iqbal Ansari defended the Act’s alignment with India’s constitutional principles of secularism and equality. He emphasised that the law does not curtail individual freedoms but ensures these freedoms do not disrupt social harmony. Justice Ansari warned against revisiting historical grievances, stating that such actions could reignite divisive forces. He underscored the importance of peaceful coexistence, guided by the Constitution.

The Places of Worship (Special Provisions) Act, 1991, enacted during Prime Minister P.V. Narasimha Rao’s tenure, remains one of India’s most debated laws. By preserving the religious character of places of worship as they existed on the day of independence, the Act seeks to balance communal harmony, historical justice, and the future of India’s religious diversity.