The Supreme Court has temporarily halted all legal proceedings related to religious structures across India, issuing a blanket order barring any interim or final orders, including surveys, in ongoing cases.
The verdict, delivered on Thursday, also bars the registration of new cases related to religious places, especially mosques and shrines. This comes as the top court is currently hearing petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991.
A bench of Justices PV Sanjay Kumar and KV Vishwanathan, headed by Chief Justice of India Sanjiv Khanna, directed that although fresh cases can still be filed, any further action, including legal proceedings or surveys, can be stopped until further orders of the court. Will not be allowed. The decision comes amid the backdrop of 18 pending cases filed against 10 mosques or religious places across the country.
The Act, which prohibits changing the religious character of any place of worship existing on August 15, 1947, has given rise to controversy. The Act prohibits any changes to these sites, including lawsuits to change their religious identity. The law was enacted in view of widespread concerns regarding the integrity of India’s religious diversity, following a number of controversial controversies over historic religious sites.
The petitioners argue that it violates the rights of Hindus, Jains, Buddhists and Sikhs to reclaim places of worship that were destroyed or altered by the invaders. Prominent personalities like BJP leader Subramanian Swamy and Maharaja Kumari Krishna Priya have filed petitions challenging its provisions.