Sambhal Case Reminder That Courts Must Enforce Places Of Worship Act In Letter & Spirit To Preserve Social Fabric
Live LawIt was hoped that the Ayodhya-Babri Masjid judgment, despite its legal flaws and shoddy reasoning, would put a closure to the mandir-masjid disputes once and for all. The PoW Act seeks to preserve the status quo with respect to the religious character of a place of worship as it stood on the date of Independence. During the hearing of the Gyanvapi case in the Supreme Court in May 2022, Justice DY Chandrachud orally commented that the PoW Act does not bar the ascertainment of the religious character of a structure as on August 15, 1947. If the conversion of a religious place is barred under the PoW Act, then it logically follows that the determination of its religious character as on the date of independence is also barred. The Supreme Court ought to give a conclusive pronouncement that the PoW Act cannot be circumvented under the guise of determining religious character.