κ¦The Indian National Congress (INC) filed an application in the Supreme Court on Thursday seeking intervention in cases challenging the validity of the Places of Worship (Special Provisions) Act, 1991. The law preserves the character of religious places as they existed on August 15, 1947.
πFiled by Congress General Secretary KC Venugopal, the application highlighted that the Act reflects the mandate of the people, as it was enacted during the Congress-led government in collaboration with the Janata Dal. The party stated that the law was part of its election manifesto as per its commitment to preserving Indiaβs communal harmony, as reported by Live Law.
κ¦A three-judge bench, led by CJI Sanjiv Khanna, is scheduled to hear the consolidated petitions on February 17.
πΈ"The POWA had been envisaged before 1991 and was made a part of Congress' election manifesto for the Parliamentary elections. The POWA is essential to safeguard secularism in India, and the present challenge appears to be a motivated and malicious attempt to undermine established principles of secularism," the application added, as quoted by Live Law.
Seeking intervention in the pending pleas, which challenge the validity of the Act, the Congress πparty emphasised the constitutional and societal significance of the legislation as "it apprehends that any alterations to it could jeopardize India's communal harmony and secular fabric, thereby threatening the sovereignty and integrity of the nation".
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π₯"The applicant (Congress) seeks to oppose the present challenge to Sections 2, 3, and 4 of the Act because the POWA plays a pivotal role in furthering the right to freedom of religion and protects secularism, which is an established basic feature of the Constitution," the application stated.
κ§Congress expressed its desire to make crucial submissions supporting the outright dismissal of the petitions challenging the Act and, accordingly, to intervene on the following grounds.
Centre Is Still Silent
βThe Union government is yet to submit its stand on the constitutional validity of the Places of Worship Act to the Supreme Court, even after the lapse of the top courtβs four-week timeline.
πβThe Union of India, which has not filed its counter affidavit/reply, shall file the same within four weeks from today,β a bench headed by Chief Justice of India Sanjiv Khanna had said on December 12.
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Supreme Court Hearing
π°The Supreme Court is hearing several petitions challenging the Act and its strict implementation. The pleas before the Court have challenged Sections 3 and 4 of the 1991 Act, claiming they violate several fundamental rights, including the right to equality and freedom to practice religion.
πThe Places of Worship Act prohibits altering the religious nature of any place of worship and imposes strict penalties for violations.
π·On December 12, the Supreme Court restrained all courts across the country from passing any effective interim or final orders, including orders of survey, in pending suits against existing religious structures. The Court also ordered that no fresh suits could be registered over such claims while the Court is hearing pleas challenging the Places of Worship (Special Provisions) Act, 1991.
Plea In The Supreme Court
πAmong those who have filed pleas in the Supreme Court against the 1991 Act are Maharaja Kumari Krishna Priya, daughter of the Kashi Royal Family; BJP leader Subramanian Swamy; Chintamani Malviya, former Member of Parliament; Anil Kabotra, a retired army officer; advocates Chandra Shekhar and Rudra Vikram Singh, a resident of Varanasi; Swami Jeetendranand Saraswati, a religious leader; Devkinandan Thakur Ji, a resident of Mathura and religious guru; and advocate Ashwini Upadhyay.
κ¦These pleas challenge the Places of Worship Act, claiming that the law takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their 'places of worship and pilgrimages' destroyed by invaders.
πΉFrom the Muslim side, Jamiat Ulama-i-Hind, the All India Muslim Personal Law Board, the Committee of Management Anjuman Intezamia Masjid (which manages the mosque in the Gyanvapi complex), and the Shahi Idgah mosque committee of Mathura, among others, have filed applications in the top court against the petitions challenging the validity of certain provisions of the 1991 law.
α¦AIMIM President Asaduddin Owaisi also approached the Supreme Court on December 17, 2024, seeking enforcement of the Act.
What Is Places Of Worship Act
"An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947"
π§The Places of Worship Act 1991 states that the nature of all places of worship, barring Ayodhya, shall remain as they were on August 15, 1947.
ꦦSections 1 and 2 of the act pertain to the title and definitions of the law. However, Sections 3 and 4 refer to a ban on conversion and abatement of all legal proceedings against places of worship in all courts.
