Legal Research and Reform for Better India
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
On the basis of mis-interpretation of the statute, still many communal incidences are happening in country, special in the form of stone-pelting.
The debate emphasized that without this legislation, historical grievances could reignite, leading to communal discord.
The Act’s application has sparked significant debate, particularly in cases like the Gyanvapi Mosque in Varanasi and the Shahi Idgah in Mathura.
1.3 Cultural Preservation and Protection: 1.3.1 Right to Protect Cultural Heritage and Values under Constitution of Bharat: The right to protect cultural heritage has indeed evolved under Article 21 of the Constitution of Bharat, which guarantees the Right to Life and Personal Liberty. Throughout the
Clause (f) of Article 51A of the Bhartiya Constitution stipulates that it is the duty of every citizen of Bharat to value and preserve the rich heritage of our composite culture.
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.