Provisions and Exemptions: Explained
Op IndiaThe disputed structure of Gyanvapi Masjid in Varanasi, which stands on top of the original Kashi Vishwanath Mandir, is now at the centre of a major controversy. Besides, the law exempts any place of worship, which is an ancient and historical monument or an archaeological site covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958. One of the pertinent exemptions to the Places of Worship Act is if the site falls under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. According to the Ancient Monuments and Archaeological Sites and Remains Act, 1958, an “ancient monument” is “any structure, erection or monument, or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years.” As per the above definition, any monument or place of worship that is more than 100 years old could be deemed as an ancient monument under the law, and thus automatically becomes exempt from the Places of Worship Act. Thus, if the ASI survey finds the existence of a Hindu temple structure inside the Gyanvapi compound, which would naturally be more than 100 years old, it could be declared as an ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and therefore, exempt from the Places of Worship Act.