Litigating the Sacred: Legal, Memory, and Spatial Dynamics in Worship Conflicts in Contemporary India

This study critically examines India’s secularism through an interdisciplinary analytical framework that explores the complex intersections of religious dynamics, legal structures, and political contestations. Sites of worship, functioning as sacred spaces, legal entities, and political symbols, have become focal points for multifaceted power dynamics. The Places of Worship (Special Provisions) Act, 1991 (hereinafter the Places of Worship Act) aimed to resolve historical disputes by institutionalizing a “status quo” as of 15 August 1947. However, the Supreme Court’s judgment in the Ram Janmabhoomi–Babri Masjid dispute is widely seen as marking a shift in adjudicatory emphasis, with archaeological reports and scriptural materials accorded heightened probative weight vis-à-vis the Act’s status quo principle. In its wake, appeals to “historical justice” have helped channel controversies over sacred sites into legal forums, where disputes are increasingly framed through evidentiary and procedural lenses rather than solely as property conflicts. Subsequent litigation has, at times, been mobilized within broader ideological projects that center Hindu identity in national politics, with the potential to reshape sacred space and public memory through legal–administrative pathways and to recalibrate the practice of secular adjudication in India.