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SC stopped lower courts from passing survey orders of mosques till it resumes hearing on the matter. (Photo courtesy: wikipedia.org)

Supreme Court halts surveys of sites of worship, seeks Centre's response

| @indiablooms | Dec 12, 2024, at 05:16 pm

New Delhi: The Supreme Court on Thursday ordered a pause on all ongoing surveys of places of worship, including mosques, as it began reviewing petitions challenging specific provisions of the Places of Worship Act.

The court issued a directive to lower courts, including High Courts, barring them from passing any orders or hearing new cases related to mosque surveys until the Supreme Court resumes its hearing on the matter.

Recent surveys and legal disputes regarding places of worship in India have reignited discussions on the sensitive interplay between religious harmony and historical claims.

Notably, a court-ordered survey of the Gyanvapi mosque in Varanasi has drawn attention.

The survey was initiated to determine whether remnants of a Hindu temple exist beneath the mosque's structure, sparking concerns about revisiting disputes over religious sites.

The Supreme Court allowed the survey to proceed but emphasized protecting the mosque's structure.

Critics argue this could undermine the 1991 Places of Worship Act, which aims to preserve the status quo of worship sites as they existed on August 15, 1947, and prevent disputes.

Other contentious cases have emerged, such as petitions to survey the Ajmer Sharif Dargah and the Shahi Jama Masjid in Sambhal.

These developments have led to increased communal tensions, including violent clashes in Sambhal, resulting in fatalities.

Legal experts and civil society members have raised concerns about such surveys potentially fueling religious discord, undermining the legislative intent of the Places of Worship Act to maintain peace and secularism.

Some recommend fostering inter-community dialogue as a more effective and harmonious approach to addressing these disputes.

These incidents highlight the delicate balance required to manage India’s pluralistic society while safeguarding its constitutional values of secularism and religious coexistence.

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