New Delhi: Delivering a sharp critique of the escalating legal challenges to the Places of Worship Act of 1991, former Supreme Court justice Rohinton Nariman warned that these lawsuits, often targeting mosques and dargahs, are eroding India’s secular foundation.
Speaking at the Justice A.M. Ahmadi Foundation’s inaugural lecture, he described these cases as “Hydra heads popping up all over the country,” threatening communal harmony. He cautioned that these suits could lead to “communal tension and disharmony, contrary to what is envisaged in both our constitution and in the Places of Worship Act.”
Nariman emphasised the Act’s clear stipulation that the religious character of all places of worship is frozen as of August 15, 1947. He argued that any legal attempt to revise this status should be dismissed, reminding the audience that “these five pages are a declaration of law by the Supreme Court, which binds each of them (lower courts).”
Drawing a parallel with the evolving, and arguably weakening, separation of the church and the state in the United States, Nariman underscored the comprehensive nature of secularism enshrined in the Constitution. He outlined its four key facets, emphasising the citizen’s right to “practice, profess, propagate religion.” He also highlighted the limitations placed on the state by the Constitution, stating that “the state shall not discriminate” on grounds of religion.
He expressed deep concern over the handling of the Babri Masjid demolition case, highlighting inconsistencies in the Supreme Court’s approach to secularism across multiple judgments related to the dispute.
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He mentioned the Places of Worship Act as a vital defence, stating, “The Places of Worship Act is… the Janus face looking behind is excised. You will not look to the past.” The recent surge in lawsuits, he argued, poses a grave danger to the country’s secular fabric, calling for the “cauterisation” of these “Hydra heads” through strict adherence to the Act.
The event also marked the release of Insiyah Vahanvaty’s biography of Ahmadi, The Life and Times of Justice A.M. Ahmadi: The Fearless Judge.
Nariman’s address served as a potent call to action, urging the protection and preservation of secularism and the rule of law amidst growing threats. He concluded by quoting justice Chinnappa Reddy: “Our tradition teaches tolerance; our philosophy preaches tolerance; our Constitution practices tolerance; let us not dilute it.”
