Section 4 of POWSP Act : Section 4: Declaration As To The Religious Character Of Certain Places Of Worship And Bar Of Jurisdiction Of Courts, Etc

Explanation using Example

Imagine there's a building in a town that was used as a mosque on August 15, 1947. In recent years, a group claims that the building was originally a temple and files a lawsuit to change the building back to a temple. According to Section 4(1) of The Places of Worship (Special Provisions) Act, 1991, the religious character of the building as it was on August 15, 1947, which is a mosque, should continue to be maintained.

Under Section 4(2), if this lawsuit was pending when the Act came into force, the lawsuit would have to be dismissed, and no new lawsuit could be filed on this issue. However, if there was evidence that the building was converted from a temple to a mosque after August 15, 1947, and the lawsuit was based on that conversion, the lawsuit could continue and be decided based on the merits of the case.

However, Section 4(3) clarifies that if the building was an ancient monument protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or if the dispute had already been resolved by a court or settled by the parties, or if the conversion happened before the Act's commencement and could not be legally challenged due to time limitations, then the provisions of Section 4(1) and (2) would not apply.