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Can't Use Places of Worship Act for Blanket Stay on Suits

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 12-Jul-2023

Why in News?  

Recently the Supreme Court said that it cannot take recourse to the Places of Worship (Special Provisions) Act of 1991 to order a blanket stay on various suits and legal proceedings pending in different courts across the country relating to disputed religious sites. 

Background  

The Supreme Court was hearing a plea which challenged the Act on the ground that it allows illegal acts of invaders to continue for perpetuity by barring legal remedies to Hindus, Jains, Buddhists and Sikhs. 

The Apex Court said that no blanket stay can be granted by it and allowed the Central Government time till October 31, 2023, to file its response. 

Court’s Observations  

A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra while adjourning the matter observed that the parties to each concerned case must seek stay from the concerned court by pointing out that the Place of Worship Act, 1991 is in operation and the same has not been stayed by Apex Court. 

Legal Provisions  

Places of Worship (Special Provisions) Act of 1991 

This Act was introduced during the height of the Ram Janmabhoomi movement.  

It aims to protect the status of all religious structures as it stood on August 15, 1947, by barring courts from entertaining cases which raise dispute over the character of such places of worship. 

Section 3 of this Act bars the conversion, in full or part, of a place of worship of any religious denomination into a place of worship of a different religious denomination, or even a different segment of the same religious denomination. 

Section 5 of this Act, states that this Act does not apply to Ram Janma Bhumi Babri Masjid and to any suit, appeal or proceeding relating to it. 

By virtue of Section 5 of this Act, the Supreme Court awarded the disputed site at Ayodhya to a trust for the construction of Ram Temple.   It also ordered the government to allot 5 acres to the Sunni Central Waqf Board out of the 68 acres acquired by the Centre or by the state within the city of Ayodhya. 

However, it lauded the Places of Worship Act as a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution. 

Section 6 of this Act prescribes a punishment of maximum three years imprisonment along with a fine for contravening the provisions of the Act.  

Blanket order also known as general order refers to an order that is applicable to a large group of people or to a vast array of cases. They are orders without any restrictions or limitations as to their applicability.