The Akhil Bhartiya Sant Samiti has filed a plea in the Supreme Court seeking to intervene in cases challenging parts of the Places of Worship Act, 1991, which mandates preserving the religious character of places as of August 15, 1947. The Samiti argues that Sections 3 and 4 of the Act infringe on fundamental rights, such as equality and religious freedom. It contends the provisions prevent judicial review, a cornerstone of the Constitution, and violate the rights of Hindus, Jains, Buddhists, and Sikhs to reclaim their sacred sites allegedly taken over by “barbaric invaders.”
The Supreme Court is currently hearing six petitions that challenge various provisions of the Act, alongside intervention pleas from Muslim organizations advocating for its enforcement. The law aims to maintain communal harmony by freezing the religious status of places of worship as they were in 1947, except for the Ram Janmabhoomi-Babri Masjid dispute. The petitioners argue this restriction undermines their rights to seek justice for historical grievances.
In a December 2024 order, the court directed that no new lawsuits concerning temple-mosque disputes should be filed until the case is decided. It also paused proceedings in approximately 18 lawsuits filed by Hindu groups, which sought surveys to determine the original religious character of 10 mosques, including the Gyanvapi mosque in Varanasi and Shahi Idgah in Mathura. The hearing is scheduled for February 2025, with significant implications for communal and constitutional debates.
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