The challenge to Places of Worship (Special Provisions) Act, 1991 is misconceived

Response to Ashwani Kumar Upadhyay's petition before the Supreme Court

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THE Places of Worship (Special Provisions) Act, 1991 protects places of worship of all denominations and sections thereof equally. Thus, the Act is based on the principle of equal entitlement of persons belonging to any religious denomination or section thereof.

It is germane to note that the right to freedom of religion is guaranteed to all persons equally under Article 25 of the Constitution. The right of one person to freely practice their religion is subject to right of another person to exercise the aforesaid freedom. The Act, thus, puts into practice a constitutional mandate, and it is unimaginable to term it as unconstitutional.

In Acharya Maharajshri Narandraprasadji Anandprasadji Maharasj versus State of Gujarat (1974), a Constitution bench of the Supreme Court observed:

"No rights in an organised society can be absolute. Enjoyment of one's rights must be consistent with the enjoyment of rights also by others. Where in a free play of social forces it is not possible to bring about a voluntary harmony, the State has to step in to set right the imbalance between competing interests and there the Directive Principles of State Policy, although not enforceable in courts, have a definite and positive role introducing an obligation upon the State under Article 37 in making laws to regulate the conduct of men and their affairs." (emphasis supplied by author)