Permissive no more: on places of worship and the Supreme Court’s interim order
The HinduThe Supreme Court’s interim order halting the registration of fresh suits across the country regarding disputes of places of worship is a welcome departure from the permissive approach of the judiciary in recent times towards such motivated litigation. A Division Bench, headed by the Chief Justice of India, Sanjiv Khanna, has done well to stop the flow of litigation and interim orders, including those that allow ‘surveys’ of such sites and structures, while it deals with the challenges to the validity of the Places of Worship Act, 1991. It is amply clear to right-thinking citizens that the law, which freezes the religious character of all places of worship in the country as they were on the day of Independence, would want this legislation to remain on the statute book as a bulwark against elements that want to perpetuate the religious divide caused by such disputes. In the name of reclaiming religious sites lost to invaders, several groups and purported devotees have been moving civil courts and obtaining questionable orders for surveying mosques for evidence that they may have been built on the ruins of destroyed temples.