Dynamite News Congress moves SC seeking intervention in 1991 Places of Worship Act cases
The Places of Worship Act (POWA) was enacted by the Parliament, as it reflected the mandate of the Indian populace, said the Congress adding that the Act is essential to safeguard secularism in India. Read further on Dynamite News:
New Delhi: The Indian National Congress on Thursday moved the Supreme Court to intervene in cases filed against the validity Places of Worship (Special Provisions) Act 1991, which preserves the character of religious places as they existed on August 15, 1947.
The Places of Worship Act (POWA) was enacted by the Parliament, as it reflected the mandate of the Indian populace, said the Congress adding that the Act is essential to safeguard secularism in India.
Since the Congress, through its elected members was responsible for the introduction and passage of the Act, it may be allowed to intervene and defend the legal validity of the passage of the Act, it said.
"The POWA had been envisaged before the year 1991 and the same was made a part of the Congress' then-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.
Seeking intervention in the pending pleas that challenged the validity of the Act, the Congress party said it wants to emphasise the constitutional and societal significance of the Act, "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."
"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.
Congress said it wants to make crucial submissions that support the outright dismissal of the petitions challenging the Act and accordingly to intervene on the following counts.
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The apex court is seized of several petitions on challenge to the Act and strict implementation of the Act. The pleas before the apex court have challenged Sections 3 and 4 of the 1991 Act, saying they violated several fundamental rights including the right to equality and freedom to practice religion.
The Places of Worship Act prohibits altering the religious nature of any place of worship and imposes strict penalties for violations.
On December 12, the top court restrained all courts across the country from passing any effective interim or final order including orders of survey in pending suits against existing religious structures.
It had also ordered that no fresh suits can be registered over such claims while the court is hearing pleas challenging the Places of Worship (Special Provisions) Act, 1991.
Daughter of the Kashi Royal Family, Maharaja Kumari Krishna Priya; BJP leader Subramanian Swamy; Chintamani Malviya, former Member of Parliament; Anil Kabotra, a retired army officer; advocates Chandra Shekhar; Rudra Vikram Singh, resident of Varanasi; Swami Jeetendranand Saraswati, a religious leader; Devkinandan Thakur Ji, resident of Mathura and a religious guru and advocate Ashwini Upadhyay among others have filed the pleas in the apex court against the 1991 Act.
The pleas challenged the Places of Worship Act saying that the Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their 'places of worship and pilgrimages', destroyed by invaders.
From the Muslim side -- Jamiat Ulama-i-Hind, India Muslim Personal Law Board, Committee of Management Anjuman Intezamia Masjid which manages the mosque in the Gyanvapi complex, Shahi Idgah mosque committee of Mathura -- among others also filed applications in the top court against the petitions challenging the validity of certain provisions of a 1991 law.
AIMIM President Asaduddin Owaisi had also approached the top court seeking enforcement of the Act.
They challenged the petitions filed by some Hindu petitioners saying that entertaining the pleas against the Act will open floodgates of litigations against countless mosques across India.
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Filing intervention application in the case they sought dismissal of pleas challenging the Places of Worship Act.
Pleas of Hindu petitioners challenging the 1991 Act stated, "The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, though both are the incarnation of Lord Vishnu, the creator and equally worshipped all over the world."
The petitions filed had challenged the constitutional validity of Sections 2, 3, 4 of the Places of Worship (Special Provisions) Act 1991, which it said violates the principles of secularism and the rule of law, which is an integral part of the Preamble and the basic structure of the Constitution.
The pleas said that the Act has taken away the right to approach the Court and thus right to judicial remedy has been closed.
Section 3 of the Act bars the conversion of places of worship. It states, "No person shall convert any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section thereof."
Section 4 bars filing of any suit or initiating any other legal proceeding for a conversion of the religious character of any place of worship, as existing on August 15, 1947.