Places Of Worship Act And The Sambhal Mosque Controversy

The Places of Worship (Special Provisions) Act, 1991 (hereinafter referred to as the “Act”) is one of the landmark legislations of India. The primary objective of the Act is to ensure communal harmony by protecting places of worship in their religious character as existed on 15th August 1947. This Act received renewed attention due to the ongoing issue related to the Sambhal Mosque case. This issue of the Sambhal Mosque controversy has various aspects.

Overview Of The Places Of Worship Act, 1991

The Act was enacted in the midst of growing communal tensions in India. It coincided with the escalated Ayodhya dispute on Babri Masjid. The primary goals of the Act are as follows:

• Preservation of Status Quo: This Act freezes the religious character of a place of worship as it existed on Independence Day (August 15, 1947).
• Prohibition of Conversion: This Act prohibits a place of worship being changed into another religious structure or denomination.
• Punishment for Violation: The Act provides for the punishment for violating the provisions of the Act. The penalties include imprisonment which may extend upto 3 years and fines.
• Exclusion of Ayodhya: The Act explicitly excluded the Ayodhya site from its purview. This explicit exclusion led the process involving the Babri Masjid legal proceeding to move further.

The Act reflects and underscores the secular ideals of the Indian Constitution by prohibiting communal disputes over religious sites, except those already adjudicated or exempted.

The Sambhal Mosque Controversy

The Sambhal Mosque controversy arose over allegations over the historical origin and ownership of the mosque based in Sambhal, Uttar Pradesh. Critics claim that the place was once a Hindu temple, and the controversy continues on whether the mosque violates the essence of the Act.

An application was filed before the Civil Judge of Sambhal at Chandausi to claim the right to access the mosque. The Court issues an order appointing an advocate commissioner to carry out an initial survey at the Mosque.

Key Issues In The Controversy

The key issues related to the controversy are as follows:

Historical Claims

• Hindu groups claim that the mosque stands on the remains of a Hindu temple which is believed to have been destroyed during the medieval era.
• Muslim groups believe that the mosque has been in existence for centuries and is a place of worship for many locals.

Legal Issues

• Petitions were filed in courts asking for the conduct of archaeological surveys to ascertain the historical nature of the site.
• Opponents claim that such petitions are violative of the Act as they try to change the status quo of a religious place.

Communal Sentiments

• The case has set communal tensions abuzz in Sambhal, akin to disputes elsewhere, such as in Varanasi (Gyanvapi Mosque) and Mathura (Krishna Janmabhoomi-Shahi Idgah).

Political Overtones

• Several political units have expressed solidarity for reclamation claims. Others urge caution lest India's sensitive communal balances get upset.

Legal And Ethical Dimensions

This Sambhal Mosque controversy has the following legal and ethical dimensions:

Constitutional Issues

The Act itself has been challenged on constitutional grounds. The petitioners have contended that it:

• Violates the right to religion (Article 25) by denying people the right to reclaim religious sites.
• The arbitrary cutoff date for exercising such rights (15 August 1947), appearing arbitrary and perhaps uncemented in history.

Defenders of the Act argue that

• It is faithful to the policy of secularism which forms the basis of the Indian Constitution.
• The Act prevents endless struggle over historical wrongs with efforts being invested in contemporary harmony and unity.

Judicial Precedents

The Supreme Court of India in the 2019 Ayodhya verdict underscored the importance of the Act as part of the legislative and also judicial commitment to secularism and peace. However, the on-going legal processes, even regarding Sambhal and Gyanvapi disputes, established the limitations of the Act when profound disputes had long-standing roots.

Justice DY Chandrachud in May 2022 said that although the Act of 1991 bars changing the nature of a religious place, the “ascertainment of a religious character of a place, as a processual instrument, may not necessarily fall foul of the provisions of Sections 3 and 4 (of the Act)”

The Socio-Political Impact

The Sambhal Mosque controversy has affected the country in several ways. The socio-political impact of the controversy are following:

Community Integration

This controversy has the potential to widen the schism between Hindu and Muslim communities in India. Each community considers the site a core component of their identity. Therefore, these issues require delicate handling.

Role of Archaeology

The demand for archaeological excavation at the Sambhal Mosque exemplifies the trend of anchoring current conflicts to antiquated solutions. The initial consequence of such studies usually generates debate and arguments with contradictory interpretations. These contradictory arguments enhance the divisions among the different communities.

Political Factors

• Political parties across the spectrum have leveraged such controversies for electoral gains.
• Leaders often frame the discourse around cultural revival or minority rights. This distortion influences the sentiment of the public.

The Way Ahead: Balancing History And Harmony

The Sambhal Mosque controversy illustrates the challenges of addressing historical grievances without undermining communal harmony. It raises critical questions about how India, as a secular democracy, can navigate disputes over religious sites.

Recommendations

• Judicial Clarity: Courts are to balance historical inquiries with the intent of the Act to maintain peace.
• Community Dialogue: Facilitating dialogue between religious groups can help reduce tensions and foster mutual understanding among them.
• Governmental Neutrality: Political neutrality in handling such disputes is imperative to avoid the politicization of religious issues.
• Strengthening Legal Framework: Eliminating ambiguity in the Act can prevent its misuse and uphold its core principles at large.

The Act remains a bedrock of the secular framework of India. However, controversies like the Sambhal Mosque dispute test its resilience. Resolving such disputes requires nuance and respect for historical truths even as it upholds communal harmony and legal sanctity. The Sambhal Mosque case is like a microcosm of broader challenges in settling history with the pluralistic identity of India.

FAQs On The Places Of Worship Act And The Sambhal Mosque Controversy

The Places of Worship Act, of 1991, aims to preserve the religious character of worship sites, but its application has sparked controversy, particularly in the case of the Sambhal Mosque.

Q1. What is the Places of Worship Act, and how does it impact religious sites in India?

The Places of Worship Act, of 1991, prohibits the conversion of religious places and maintains the status quo of religious sites as of August 15, 1947. The Act aims to preserve the religious character of places of worship, ensuring that any place of worship cannot be changed to another religion's site. It applies to all religious groups and aims to avoid disputes over religious sites.

Q2. How does the Places of Worship Act relate to the Sambhal Mosque controversy?

The Sambhal Mosque controversy revolves around allegations that the mosque, built in Sambhal, Uttar Pradesh, was constructed on a disputed or historically significant site. Some claim that the mosque was built after the Act's implementation, potentially violating the status quo provisions of the Places of Worship Act. Legal experts and local authorities are exploring its implications regarding the Act.

Q3. Why is the Sambhal Mosque controversy so significant in Indian religious and legal contexts?

The controversy is significant because it raises questions about the enforcement and interpretation of the Places of Worship Act, especially in cases involving disputed religious sites. The potential violation of the Act could set a precedent for similar cases across India, leading to further debates and legal challenges regarding religious site ownership and status.

Q4. What legal challenges are being made in the Sambhal Mosque controversy?

Legal challenges in the Sambhal Mosque controversy focus on whether the construction of the mosque violated the Places of Worship Act, which mandates that the religious character of a site must remain as it was in 1947. Critics argue that it infringes upon the Act’s restrictions, while supporters claim the mosque is legitimate and adheres to religious freedoms and practices.

Q5. What are the possible outcomes of the legal disputes surrounding the Sambhal Mosque and the Places of Worship Act?

The legal outcome of the Sambhal Mosque controversy could result in a significant ruling on the application of the Places of Worship Act in cases involving disputed religious sites. Depending on the court's findings, this could either reinforce the Act’s protections or lead to a re-evaluation of how religious sites are handled in legal terms, potentially influencing future similar cases.

About The Author

Adv. Gaurav Ghosh is a highly experienced lawyer with over a decade of practice across Courts and Tribunals in Delhi. His expertise spans constitutional, criminal, commercial, consumer, energy, environmental, medical negligence, property, sports, direct taxes, and service and employment matters. He also provides external counsel services as well as advisory and litigation services and support in Calcutta, Chennai and Lucknow through his team at DLC Partners. Known for his versatility and client-centric approach, Gaurav is a trusted legal advisor in complex cases across multiple jurisdictions, offering strategic and curated solutions for individuals and companies.