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The Chief Justice of India (CJI), Sanjiv Khanna, has recently expressed significant frustration regarding the overwhelming number of new petitions related to the Places of Worship (Special Provisions) Act, 1991. This Act, designed to prevent legal challenges aimed at reclaiming or altering the religious character of existing places of worship, has found itself at the center of a renewed legal battle. The CJI's declaration, "Enough is enough. There has to be an end to this," underscores the court's growing weariness with the continuous influx of new cases. This sentiment reflects a significant shift in the court's approach, signaling a clear intention to limit further litigation on this sensitive issue. The court's decision to refuse new petitions, while allowing the submission of an intervention petition with additional reasoning, indicates a carefully considered strategy to manage the escalating legal complexities surrounding the Act. The court's stance has far-reaching implications, potentially influencing various ongoing and future legal disputes related to temple-mosque controversies.
The 1991 Act's significance stems from its attempt to establish a legal framework governing the religious character of places of worship as they existed on August 15, 1947, the day India gained independence. This legislation, however, notably excluded the contentious Ram Janmabhoomi dispute. The current surge in legal challenges is largely driven by attempts to reclaim sites believed to be historically Hindu temples that were later converted into mosques. These attempts have ignited passionate debates across the nation, highlighting deep-seated religious and political divisions. The most prominent examples include disputes surrounding the Shahi Idgah-Krishna Janmabhoomi, Kashi Vishwanath-Gyanvapi mosque, and Sambhal mosque. The sheer number of cases arising from these disputes has placed an immense burden on the Supreme Court, forcing it to reassess its approach to managing these contentious legal challenges.
The initial petition challenging the legality of the 1991 Act was filed by Ashwini Kumar Upadhyay. However, the court's decision to suspend proceedings for 18 lawsuits brought by Hindu parties seeking to regain ownership of 10 mosques, consolidating all related temple-mosque disputes, dramatically shifted the legal landscape. This consolidation resulted in a flurry of interventions from various political parties and organizations. The Congress party, in power at the time of the Act's enactment, and Asaduddin Owaisi's AIMIM have both petitioned the Supreme Court for the Act's rigorous enforcement, reflecting the complex political dimensions of this issue. Conversely, Hindu groups and right-wing organizations have expressed their opposition to the Act. Another petitioner, highlighting the universal right to peaceful living, further underscored the diverse perspectives on this critical legal matter. The court's decision to limit further interventions, while allowing those presenting previously unaddressed arguments, demonstrates a careful attempt to balance the need for a fair hearing with the need for judicial efficiency in managing a complex and emotionally charged legal issue.
Senior Advocate Vikas Singh, representing the petitioners, emphasized the ongoing wait for a response from the Centre. The postponement of the hearing until the first week of April indicates the complexity and gravity of the matters before the court. The Supreme Court's actions reveal a concerted effort to address the increasing number of petitions while maintaining its commitment to upholding the principles of justice and ensuring the peaceful coexistence of diverse religious communities in India. The court’s decision to draw a line on new petitions, coupled with its decision to hear existing cases, represents a crucial juncture in the ongoing legal and political discourse surrounding the Places of Worship Act and its implications for the religious harmony of India. The forthcoming April hearing will be closely watched by many, as it will likely shape the future of legal challenges concerning this sensitive and deeply contested legislation.
The implications of the Supreme Court's decision extend far beyond the immediate legal cases. The ruling sends a strong message regarding the court's capacity and willingness to manage an increasingly complex legal landscape. Furthermore, the decision will likely influence future legal challenges related to religious sites and potentially impact the broader political discussion surrounding religious freedom and communal harmony in India. The court's attempts to balance the needs for legal redress with the demands of efficient judicial processes presents a significant challenge, demanding careful consideration of both legal and social implications. The future of these cases and similar disputes will depend significantly on the court’s ultimate ruling, which will undoubtedly have lasting consequences for the nation’s social and political fabric.