The Akhil Bhartiya Sant Samiti, representing approximately 1.85 million pujaris and 1.2 million saints, has filed a petition with the Supreme Court challenging specific provisions of the Places of Worship (Special Provisions) Act, 1991. This legislation prohibits altering the religious character of any place of worship as it stood on August 15, 1947.
The Samiti, an umbrella organization encompassing 127 sects of Sanatan Dharma, seeks to join ongoing cases initiated by figures such as BJP's Ashwini Upadhyay and Subramanian Swamy. These cases contest the Act's validity, arguing that it infringes upon fundamental rights by preventing legal recourse to address historical grievances concerning places of worship.
In its plea, the Samiti contends that Sections 3 and 4 of the Act violate Articles 14, 15, 21, 25, 26, and 29 of the Constitution. They argue that these sections uphold the status of places of worship established through historical invasions, thereby denying Hindus, Jains, Buddhists, and Sikhs the opportunity to reclaim and restore their sacred sites.
Section 3 of the Act prohibits the conversion of places of worship, while Section 4 bars legal challenges to the religious character of such places as of the 1947 cutoff date. The Samiti asserts that this arbitrary date disregards historical injustices and infringes upon the rights of religious communities to seek redress through the judicial system.
The Supreme Court is currently reviewing multiple petitions challenging the Places of Worship Act. On December 12, 2024, a bench led by Chief Justice Sanjiv Khanna issued an interim order preventing lower courts from registering new suits or issuing final orders in pending cases related to the Act until further notice. The Court has scheduled a hearing for these matters on February 17, 2025.