India Foundation hosted a roundtable discussion on the Places of Worship (Special Provisions) Act, 1991 as part of the India Foundation Legal Dialogue. The session was chaired by Justice Permod Kohli (Retd.), with insights from Senior Advocates Jamshed P. Cama and Percival Billimoria.
One of the key themes of the discussion was the absence of a dedicated redress mechanism within the Act. Concerns were raised about its alignment with constitutional provisions that guarantee the right to constitutional remedies. The Act’s limitations in providing a framework for legal recourse were examined, particularly regarding the fundamental rights enshrined in the Constitution. The discussion highlighted how the restriction on challenging the status of places of worship, as stipulated by the Act, may conflict with constitutional remedies available under key articles.
Another aspect discussed was the Act’s exceptions, specifically those related to places of worship that fall under the purview of the Ancient Monuments and Archaeological Sites and Remains Act of 1958. The conversation examined whether this exception, in effect, undermines the Act’s intended applicability, rendering it legally redundant in many instances. Participants also deliberated on the potential implications of these exceptions for heritage sites and religious structures, questioning the consistency of the legal framework governing such issues.
The discussion also addressed the broader policy considerations surrounding the Act, including its historical context and the intent behind its enactment. It explored the interplay between legislative intent and judicial interpretation, as well as potential pathways for legal reforms, if necessary.
The session concluded with a summary of the key arguments, emphasizing the need for a balanced legal approach that upholds constitutional principles while considering the sensitivities surrounding places of worship. The dialogue provided a valuable platform for legal experts to engage in a nuanced discussion on a significant piece of legislation that continues to shape India’s legal and socio-religious landscape.
