The constitutionality of places of worship act

 

Ashwini Kumar Upadhyay vs Union of India 2024 (ongoing) 

The present case is a public interest litigation filed by one Ashwini Kumar Upadhyay seeking the striking down of the act. 

The said act was passed by the Parliament in 1991. The object of the act is to protect the status of the places of worship as it stood in August 15 1947. The act provides an exemption for Ram Jan bhoomi Dispute and except that specific dispute all disputes regarding the status of the places of worship shall cease to exist.

The arguments advanced by the petioner is that the said act is violative of Article 14. This act brings an arbitrary classification. Moreover dissolving existing disputes without hearing is violative of principles of natural justice. 

The intervenors have called for a stricter implementation of the act. Citing that places of worship act explicitly prohibites suits ascertaining relgious character.  It has said that there is multiple suits whether it be in gyanvapi or Sambhal calling for returning of alleged temples beneath mosques. 

The union of India despite having  strong majority and ample strength have not taken any action with regard to replacing this act. The repealing of this act would in the mind of this author create a large public order issue that would be beyond the capabilities of the executive. Hence the Union of India has now approached the the court to do what it could not do. 


 The places of worship act was enacted to protect the relgious harmony of India. The act was drafted in context of the riots and demolition of Babri Masjid. Something which should not have happened in mordern India in the opinion of the Supreme Court. The historical context that led to the drafting of a legislation is a accepted aid for construction. The arbitrary date August 15 1947 is also because on that date, a new India was born, wherein people of all religions suffered for 200 years, fought together for their right to self determination and came victorious. This is also noted in the parliamentary history of this act, which was upheld as good aid for construction in KS Paripurnan v State of Kerala. 


Hence article 14  is not attracted as this is not an arbitrary or unreasonable classification. It's objective is the protection of the fraternity and brotherhood of this country which extends beyond religious dogmas. It is the protection of the integrity of the nation. This nation was created to be different from its predecessors, it will not indulge in mixing relgion and society nor it will fight wars upon religious banners. 


It is an human tendency to create perceived differences to create disputes. Tolerance is the tradition of this nation. We shall continue to uphold that tradition. Hence it is well and good to hold the places of worship act to be constitutional. 


On this occasion one remembers the appointment of Justice O Chinnappa Reddy to the Supreme Court. He was part of Reddy Caste. Yet his father was a practicing Roman catholic of the fifth generation. His wife a non practicing Hindu. When the great Judge KK Mathew retired, a space was opened up. YV Chandrachud the then chief Justice noticed that the Christian seat is now vacant ( as Matthew J has left) also the few south Indian seats have been vacant for a while as well. So to kill two birds with one stone, he appointed O Chinnappa Reddy. The story goes that  Chandrachud was surprised when he came to know later that Reddy was really an agnostic and in some situations even a socialist. Infact Chinnappa Reddy was amused by all of this, Including the fact that when he eventually left Supreme Court his seat was given to Justice Thommen, emphasizing the fact that he was secular man who sat in a Christian seat. In some ways every Indian is like Mr Chinnappa Reddy here, our seats were made by someone else, our food by someone else. We are doing something for someone else. The people around seem to be saying you belong to us, they belong to them. It is always you are a Christian, you are Hindu, you are Muslim. Not you are part of Humankind, it is from this realization of  universality of human suffering that we forge a sense of brotherhood and fraternity. Of course Justice Chinnappa Reddy wrote the famous  “ Tolerance is our Tradition ” Judgement in Bijoe Emmanuel underlining the fact that at the end of the day Reddy was not a Reddy caste member or Christian man but a humanist. 



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