Shahi Jama Masjid Dispute & Places of Worship Act 1991

• 20 May 2025

Why in News? 

 The Allahabad High Court upheld a trial court’s decision to appoint an advocate commissioner to survey the Shahi Jama Masjid in Uttar Pradesh’s Sambhal district. 

 Key Points 

 Shahi Jama Masjid Dispute 

• Background: The case originated from a petition filed by local residents in a Sambhal court, claiming that the site was originally a Shri Harihar temple, which allegedly was demolished by Mughal emperor Babur in 1529. 
• Legal Status: The Shahi Jama Masjid is a protected monument under the Ancient Monuments Preservation Act, 1904. It is listed by the Archaeological Survey of India (ASI) as a Monument of National Importance.  
• Shahi Jama Masjid & Places of Worship Act, 1991: The Places of Worship (Special Provisions) Act, 1991, is at the center of this dispute.   
  • The Act stipulates that the religious character of places of worship as they existed on 15th August 1947, must be preserved, and prohibits any changes to the religious identity of such places.   
  • The Shahi Jama Masjid dispute challenges the Act’s provisions by seeking to alter the mosque's religious character. 

 Places of Worship (Special Provisions) Act, 1991 

• About:  The Places of Worship (Special Provisions) Act, 1991, aims to preserve the religious status of places of worship, preventing conversions between different religious denominations or within the same denomination.   
  • The Act seeks to maintain communal harmony by freezing the religious character of these places and preventing disputes over such conversions.   
• Key Provisions of the Act:  
  • Section 3: Prohibits the conversion of any place of worship, either in full or in part, from one religious denomination to another.   
  • Section 4(1): Mandates that the religious identity of a place of worship must remain unchanged from its status on 15th August 1947. Any attempt to alter the religious character is prohibited.  
  • Section 4(2): Terminates all ongoing legal proceedings concerning the conversion of a place of worship's religious character prior to 15th August 1947, and prevents the initiation of new cases challenging the religious status of such places.  
  • Section 5 (Exceptions): The specific dispute at Ayodhya (Babri Masjid-Ram Janmabhoomi), which was exempted from the Act.  
    • The Act also exempted: Any place of worship which is an ancient and historical monument, or an archaeological site covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.  
    • Cases that have already been resolved or settled by mutual agreement.  
    • Conversions that occurred before the Act’s commencement.  
  • Section 6 (Penalties): The Act establishes strict penalties for violations, including imprisonment of up to three years and fines for attempting to change the religious character of a place of worship. 

 Archaeological Survey of India (ASI)  

• ASI, under the Ministry of Culture, is the premier organisation for the archaeological research and protection of the cultural heritage of the nation.  
  • Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 governs the functioning of ASI.  
• It administers more than 3650 ancient monuments, archaeological sites and remains of national importance.  
  • Its activities include carrying out surveys of antiquarian remains, exploration and excavation of archaeological sites, conservation and maintenance of protected monuments etc.  
• It was founded in 1861 by Alexander Cunningham- the first Director-General of ASI.  
  • Alexander Cunningham is also known as the “Father of Indian Archaeology”.