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The Hindu
The Hindu
National
Krishnadas Rajagopal

Gyanvapi mosque case raises a challenge to the Places of Worship Act

Calls to hand over the Gyanvapi mosque to the Hindus have come even after appeals by the Anjuman Intazamia Masjid in the Supreme Court to protect the Places of Worship (Special Provisions) Act of 1991 from becoming a dead letter.

The 1991 Act provides a guarantee for the preservation of the religious character of places of public worship as they existed on August 15, 1947.

In August 2023, the Anjuman, Gynavapi mosque’s managers, had argued in the apex court that the demand for a “scientific investigation” by the Archaeological Survey of India (ASI) of the mosque premises was merely “salami tactics” and would defeat the spirit of the 1991 Act. But a Bench headed by Chief Justice of India D.Y. Chandrachud had allowed the ASI survey using “non-invasive technology”. The Chief Justice had even orally remarked to the mosque committee during the hearings that what seemed frivolous to them may be faith to the Hindus. The survey has now reported that a grand temple pre-existed the Gyanvapi mosque.

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