The Allahabad High Court is currently hearing arguments related to the applicability of the Places of Worship (Special Provisions) Act, 1991. The case centers around the Gyanvapi Mosque complex in Varanasi, which is adjacent to the Kashi Vishwanath temple. Hindu petitioners are seeking the right to worship at the mosque, claiming it was built on the site of a demolished Hindu temple.
Petitioners’ Argument
Petitioners have argued that the Places of Worship Act, which was enacted to maintain the status quo of religious structures as they were on August 15, 1947, applies only to undisputed structures. They assert that since the Gyanvapi Mosque is subject to an ongoing dispute regarding its historical status, the Act should not prevent their claims from being heard. They maintain that the mosque complex contains remnants of the original temple, including Hindu idols and a “shivalinga”.
Court’s Initial Ruling
The Allahabad High Court has allowed the pleas from Hindu petitioners, stating that their demand for worship rights is a civil and fundamental right. The court rejected arguments from the mosque’s management that the suit was barred under the Places of Worship Act. The court emphasized that the religious character of the site as of August 15, 1947, needs to be determined through evidence presented by both parties .
Responses and Reactions
The mosque’s management committee, represented by Syed Muhammad Yaseen, plans to challenge this ruling, emphasizing that Muslims have been praying at the mosque for centuries. They
High Court Hears Arguments on Places of Worship Act
Background of the Case
The Allahabad High Court is currently deliberating on the applicability of the Places of Worship (Special Provisions) Act, 1991, in relation to the Gyanvapi Mosque in Varanasi. This mosque, located next to the Kashi Vishwanath temple, is the subject of legal disputes as Hindu petitioners seek rights to worship there, claiming it was built over a demolished Hindu temple.
Petitioners’ Argument
The petitioners argue that the Places of Worship Act, which aims to preserve the religious character of places of worship as they existed on August 15, 1947, should only apply to undisputed structures. They assert that the Gyanvapi Mosque, due to ongoing disputes regarding its historical status, should not be protected under this Act. They also claim that the mosque complex houses remnants of a Hindu temple, including idols and a “shivalinga”.
Court’s Initial Ruling
The Allahabad High Court has ruled that the pleas from Hindu petitioners are maintainable, emphasizing that their demand for worship rights is a civil and fundamental right. The court rejected the argument from the mosque’s management that the suit was barred under the Places of Worship Act. The court noted that the religious character of the site as of August 15, 1947, must be determined based on evidence presented by both parties .
Responses and Reactions
The mosque’s management, represented by Syed Muhammad Yaseen, plans to challenge this ruling, emphasizing that Muslims have been praying at the mosque for centuries. The committee argues that the 1991 Act upholds the status of religious structures as they stood on India’s Independence Day, thus protecting the mosque’s current status. They intend to appeal the decision in a higher court.
This case is part of a larger trend where right-wing Hindu groups are increasingly petitioning courts to claim Muslim religious structures, raising concerns among India’s Muslim community about the security of their places of worship.
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