Supreme Court to Hear Asaduddin Owaisi’s Plea on Places of Worship Law on January 2
Owaisi has sought the effective implementation of this law, which prohibits the conversion of any place of worship and aims to maintain the status quo.
New Delhi: The Supreme Court of India is set to hear a plea by AIMIM chief Asaduddin Owaisi on January 2, 2025, concerning the 1991 Places of Worship Act, which mandates the preservation of the religious character of places of worship as it existed on August 15, 1947.
Table of Contents
Owaisi has sought the effective implementation of this law, which prohibits the conversion of any place of worship and aims to maintain the status quo.
Also Read: India Urges Pakistan to Expedite Release and Repatriation of Indian Prisoners, Including Fishermen
Owaisi’s Petition for Law Enforcement
Owaisi, the Member of Parliament and leader of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), filed the plea on December 17, 2024, through advocate Fuzail Ahmad Ayyubi. The petition seeks a directive to the Centre to ensure the proper enforcement of the Places of Worship (Special Provisions) Act, 1991. In his plea, Owaisi referred to instances where courts had allowed surveys of mosques at the request of Hindu litigants, which he contends goes against the spirit of the law.
Background of the Law and Pending Cases
The 1991 Places of Worship Act was enacted to preserve the religious identity of places of worship in India and prohibits the conversion of any religious site, maintaining its character as it was on August 15, 1947. The law also bars the filing of lawsuits for reclaiming religious places, especially mosques and dargahs, that are part of contentious claims.
The Supreme Court, on December 12, 2024, issued a temporary restraint on all courts from hearing fresh cases or passing orders related to reclaiming religious places. This included the suspension of around 18 lawsuits involving Hindu parties seeking to reclaim 10 prominent mosques, such as the Gyanvapi Mosque in Varanasi and the Shahi Idgah Masjid in Mathura.
Court’s Position on Ongoing Matters
On the same day, the Chief Justice-led bench, while considering a batch of petitions challenging the Places of Worship Act, restrained all courts from proceeding with such cases. These petitions, filed by groups such as lawyer Ashwini Upadhyay, argue that the 1991 law infringes upon the right to judicial remedy for individuals seeking to reclaim religious sites.
The Supreme Court had also specifically addressed the plea filed by the Gyanvapi Mosque management committee, which has contested several petitions challenging the constitutional validity of the law. The committee has claimed that these petitions, filed with “mischievous intent,” could pave the way for lawsuits against protected religious sites.
Muslim Side’s Plea for Law Enforcement
Along with Owaisi’s petition, Muslim litigants have urged the court to uphold and strictly enforce the 1991 Places of Worship Act, which aims to ensure communal harmony and preserve the current status of mosques. They are opposing claims by Hindu litigants who seek to reclaim religious places such as temples in areas where they assert that temples existed before being destroyed by invaders.
Next Steps
The Supreme Court is expected to tag Owaisi’s plea with the pending petitions for hearing on January 2, where it will consider the arguments for and against the Places of Worship (Special Provisions) Act, 1991.
