At the heart of the legal challenge is the contention that the Act, which seeks to maintain the religious character of places of worship as they stood on August 15, 1947, violates the fundamental rights enshrined in Articles 14 and 25 of the Indian Constitution. Petitioners argue that the law is arbitrary and infringes upon the right to freedom of religion. Prominent cases, including Ashwini Kumar Upadhyay v. Union of India, have sought to overturn the law, claiming it limits the ability to contest historical disputes over religious structures.
The Act prohibits conversion of any place of worship and bars legal proceedings challenging their status, with an exception granted to the ongoing litigation concerning the Ram Janmabhoomi-Babri Masjid dispute. Critics assert that the law imposes a blanket prohibition on resolving historical grievances, while proponents argue that it upholds communal harmony and prevents fresh disputes from reigniting tensions.
Despite being a pivotal issue, the Union Government has yet to file its formal response to the petitions, despite directives issued in March 2021 and subsequent reminders. Most recently, the Court directed the government to submit its stance by October 31, 2023, but compliance remains pending.
One significant intervention has been filed by the Managing Committee of the Gyanvapi Mosque, a key stakeholder, given the ongoing legal battles over the mosque's status. The Committee emphasized that declaring the Act unconstitutional could have drastic implications and expressed concerns over attempts to bypass the Act's provisions through legal suits. This highlights the stakes involved, as the outcome could influence numerous ongoing and potential disputes.
The Places of Worship Act has been a focal point in legal and political debates, reflecting broader discussions on the balance between religious rights, historical reconciliation, and the preservation of public order. With the Supreme Court taking up the matter, its ruling could have far-reaching consequences for the legal framework governing religious structures across the country.