Explained | What is Places of Worship(Special Provisions) Act, 1991 | Act No. 42 of 1991

The recent religious turmoil in Gyanvapi-Kashi Vishwanath case, Ayodhya-Ramjanmabhumi case have brought to light the places of worship act and recently the Supreme Court has allowed 6 petitions challenging the legality of this act. In this Blog I will discuss the provisions under this act and what has the Supreme Court said in this act.

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Before knowing about the provisions under this act we must first know to whom and where does this act apply.

This act applies to the whole of India and may come into force after its enforcement i.e 18th September 1991. 

SECTION 3-Of Places of Worship(Special Provisions) Act,1991

Section 3 of Places of Worship(Special Provisions) Act, 1991 is titled as Bar of Conversion of places of worship it says that- 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.

-Explanation- For example- after the commencement i.e enforcement of this act(after 18th September 1991). No person can change any place of worship(temple, mosque, gurudwara etc) of a particular religion to a place of worship of any another religion. Which means that one cannot change or ask to change or declare a temple into a mosque, or a gurudwara into a temple, or a mosque into a temple etc. 

SECTION 4-Of Places of Worship(Special Provisions) Act,1991

This section is titled as- Declaration as to the religious character of certain places of worship and bar of jurisdiction of courts. 

- Clause 1 of this section says- 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.

-Explanation- It means that the character of any place of worship will remain the same as it was on 15th August, 1947. For example- one cannot change the character or nature of a mosque into a gurudwara, or a temple into a mosque etc.

 - Clause 2 of this section says- 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 subsection (1)

-Explanation- This clause means that if after the enforcement or making of this act any case regarding changing the character of any religious institution is placed or pending before any court, tribunal or any authority. The case will be dismissed(abate) and the nature and character of the religious institution will remain the same and no changes will be made. The nature and character will remain the same as it was on 15th August, 1947.

- Clause 3 of this section says- 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; 

(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 limitations under any law for the time being in force.

-Explanation- The Places of Worship(Special Provisions) Act, 1991 will apply to all the monuments which are covered under Ancient Monuments and Archaeological Sites and Remains Act of 1958 (Act no. 24 of 1958). | This act will also apply to all the disputes which are settled before the commencement of this act infront of any court, tribunal or authority. | This act will also apply to all the disputes which are settled by talks between the parties. 

Section 5-Of Places of Worship(Special Provisions) Act, 1991

Section 5 of Places of Worship(Special Provisions) Act, 1991 is titled as Act not to apply to Ram Janma Bhumi-Babri Masjid it says that- Nothing contained in this Act shall apply to the place or place of worship commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya in the State of Uttar Pradesh and to any suit, appeal or other proceeding relating to the said place of place of worship.

-Explanation- This act will not apply to the place of worship of Ayodhya which is commonly known as Ram Janmabhumi- Babri Masjid.

Section 6-Of Places of Worship(Special Provisions) Act, 1991

Section 6 of Places of Worship(Special Provisions) Act, 1991 is titled as Punishment for contravention of section 3 

-Clause 1 of this section says- Whoever contravenes the Provisions of section 3 shall be                           punishable with imprisonment for a term which may extend to three years and shall also be liable           to fine

-Clause 2 of this section says- Whoever attempts to commit any offence punishable under sub-                 section (1) or to cause such offence to be committed and in such attempt does any act towards                 the commission of the offence shall be punishable with the punishment provided for the offence.

-Clause 3 of this sections says- Whoever abets, or is party to a criminal conspiracy to commit, an            offence punishable under sub-section (1) shall, whether such offence be or be not committed in              consequence of such abetment or in pursuance of such criminal conspiracy, and                                      notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860),                        be punishable with the punishment provided for the offence.

-Explanation- Any person who contravenes or or not follows the provisions under this act will be punished for upto 3 years of jail term and shall also be liable for a fine.

-Written by Sujal Vishwakarma

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-Content Source: The Places of Worship(Special Provisions) Act, 1991 (Act No. 42 of 1991) (www.legislative.gov.in)