Places of Worship Act part of basic structure of Constitution: Activist

In a conversation with Gyan Verma of The Federal on his YouTube programme Central Focus, Lucknow-based social activist Athar Hussain highlighted the significance of the Places of Worship Act, 1991 as part of the Constitution’s basic structure, while addressing recent communal tensions and the legal cases targeting places of worship in various cities.

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Hussain's remarks come amidst escalating political and legal debates over the status of mosques and other religious structures.

‘Need for thorough investigation in Sambhal’

Hussain criticised the state administration for its handling of the recent communal disturbances in Sambhal, which resulted in five deaths. He emphasised the need for a thorough investigation by the Commission of Inquiry, expressing hope that the truth would emerge and those responsible for the violence would face justice. He called for a stronger commitment to law and order to prevent similar incidents in the future.

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SC affirmed the Act in its 2019 Ayodhya verdict

Hussain expressed concern about cases being filed in lower courts against religious sites, including mosques in Jodhpur, Varanasi, and other cities. He underscored the need to respect the Places of Worship Act, 1991, which prohibits altering the status of religious sites as they existed on August 15, 1947.

Hussain pointed to the Supreme Court's affirmation of the Act in its 2019 Ayodhya verdict, asserting its role in upholding constitutional values of liberty, equality, and fraternity.

“The Act is integral to the Constitution’s basic structure, and any attempt to undermine it is an affront to the rule of law,” Hussain stated.

He noted that the Supreme Court is set to hear petitions challenging the Act on December 12, and he expressed optimism that the court’s decision would bring clarity.

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Govt's role in enforcing the Act

Hussain emphasised that the responsibility to enforce the Places of Worship Act lies with both state and central governments. He urged the authorities to remind courts of the Act’s provisions to prevent unwarranted legal actions. He also called for a consistent commitment to constitutional principles to foster trust and stability.

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Need for localised leadership, continuous dialogue

Hussain challenged the notion that umbrella organisations like the All India Muslim Personal Law Board represent the entire Muslim community, highlighting the diversity within the 200-million-strong population. He advocated for localised leadership and continuous dialogue between political leaders and community members to address concerns and ensure equal participation in national life.

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Faith in constitutional institutions

Responding to an appeal by Shahi Imam Ahmed Bukhari for Prime Minister Narendra Modi to reassure the Muslim community, Hussain viewed it as a positive step, reflecting faith in constitutional institutions.

“The Prime Minister’s engagement with all communities can strengthen the constitutional framework and foster unity,” he said.

He also welcomed RSS chief Mohan Bhagwat’s statements discouraging unnecessary controversies over religious sites. However, he noted that individuals and fringe groups sometimes act independently of organisational directives, complicating efforts to maintain communal harmony.

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Importance of constitutional safeguards

Hussain concluded by reiterating the importance of constitutional safeguards and judicial processes in resolving disputes. He encouraged all stakeholders to work within the constitutional framework to ensure justice, peace, and the rule of law.

This interview sheds light on the complexities surrounding communal tensions and legal disputes over places of worship in India. The upcoming Supreme Court hearings on the Places of Worship Act are expected to play a crucial role in addressing these issues and reinforcing constitutional values.

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