Speaking at a lecture organized by the Ahmadi Foundation on the theme "Secularism and the Indian Constitution," former Supreme Court judge Justice RF Nariman emphasized the need for strict enforcement of the Places of Worship (Special Provisions) Act, 1991. He highlighted that the Act is essential to counter the increasing number of lawsuits targeting mosques and dargahs across the country, which he warned could lead to communal disharmony.
Justice Nariman expressed concern over these litigations, likening them to "hydra-heads" emerging in different parts of India. He reminded the audience that the Supreme Court, in its Babri Masjid-Ayodhya Temple judgment, had upheld the Places of Worship Act, affirming it as a cornerstone of secularism—a fundamental feature of the Constitution. He proposed that the segment of the Ayodhya judgment endorsing the Act, spanning five pages, be made mandatory reading for District and High Court judges. As per Justice Nariman, the judgment’s reasoning, being a binding declaration of law, provides a robust framework to address such disputes and uphold constitutional secularism.
Critiquing the Babri Masjid verdict, Justice Nariman lamented that secularism did not receive the attention it deserved, calling the decision to allow the construction of a temple at the disputed site a "great travesty of justice." Nevertheless, he acknowledged the judgment's "silver lining" in reaffirming the Places of Worship Act, which he viewed as a vital tool for quelling divisive lawsuits.
Referring to recent disputes over mosques and dargahs of the medieval period, Justice Nariman underscored the need to apply the principles laid out in the Ayodhya ruling. He stressed that implementing the Act could prevent communal tensions and cauterize the rising number of such legal challenges. Quoting Justice O Chinnappa Reddy from the Bijoe Emmanuel case, Justice Nariman concluded his address with a call for tolerance: "Our tradition teaches tolerance; our philosophy preaches tolerance; our Constitution practices tolerance; let us not dilute it."
The lecture, organized in honor of former Chief Justice of India AM Ahmadi, also marked the launch of his biography, The Fearless Judge, authored by Insiyah Vahanvaty.
