Legal Research and Reform for Better India
3.2 Conflict with Constitutional Provisions: Secularism and Communal Harmony: The Supreme Court, while deciding the Ayodhya dispute, made significant observations about the Act. It upheld the Act as a legislative measure to maintain secularism and communal harmony, emphasizing that “the Places of Worship Act imposes
2.3.8 Section 7: Bare Act Provisions: 7. Act to override other enactments.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other
2.3.3 Section 2: Bare Act Provisions: 2. Definitions.—In this Act, unless the context otherwise requires,— (a) “commencement of this Act” means the commencement of this Act on the 11th day of July, 1991; (b) “conversion”, with its grammatical variations, includes alteration or change of whatever
Section 5 explicitly provides that nothing in the Places of Worship Act applies to the Ram Janmabhoomi-Babri Masjid site or related legal proceedings.
2.3 The Places of Worship (Special Provisions) Act, 1991: After going through all the points discussed in both the houses of Parliament, let us try to understand provisions of the Act which are in force. 2.3.1 Preamble THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991
The debate emphasized that without this legislation, historical grievances could reignite, leading to communal discord.
1.4 Secular Fabric of the Nation: Bharat is so diverse that to govern this state without damaging its unity in diversity, secular laws are required. Hence our Constitution declares State as Secular. To maintain the diversity of the society, we are having many statutory provisions.
The right to religion, particularly in the context of Bhartiya jurisprudence as outlined by various cases, manifests primarily as a civil right within the legal framework.