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Informist, Thursday, Jan. 16, 2025

 

NEW DELHI – The Indian National Congress Thursday filed an intervention application in the Supreme Court supporting the Places of Worship (Special Provisions) Act, 1991. The party sought the court's leave to intervene in the matter so that it may place on record submissions that would aid in deciding the matter.

 

The top court is hearing a petition by advocate Ashwini Kumar Updhayay challenging various sections of the Places of Worship (Special Provisions) Act, 1991. Other petitioners in the case, All-India Majlis-e-Ittehadul Muslimeen President Asaduddin Owaisi and Jamiat Ulama-i-Hind, have sought strict implementation of the Act.

 

The Congress said that at the time the Act was passed, it and the Janata Dal together constituted a majority in the tenth Lok Sabha. The Act was essential to safeguard secularism and Upadhyay's challenge to the legislation appears to be a motivated and malicious attempt to undermine established principles of secularism, the party said.

 

The Congress said any alterations to the 1991 Act could jeopardise India's communal harmony and secular fabric, thereby threatening the country's sovereignty and integrity. It sought to make crucial submissions that support the outright dismissal of Upadhyay's petition. "Since the Applicant, through its elected members, were responsible for the introduction and passage of the POWA (Places of Worship Act), the applicant may be allowed to intervene and defend the legal validity of the passage of the POWA," the Congress said in its application.

 

The party rejected Upadhyay's argument that the Act was discriminatory and applies only to members of the Hindu, Sikh, Jain, and Buddhist communities. A bare perusal of the Act shows it promotes equality amongst all religious groups and does not accord special treatment to specific communities, it said, adding that the Act applies equally to all places of worship of all religious groups and ascertains and affixes their nature as of Aug. 15, 1947.

 

On Dec. 12, a bench headed by Chief Justice of India Sanjiv Khanna had directed that while fresh suits may be filed disputing the religious character of places of worship, none will be registered and no proceedings shall be undertaken therein until further orders. Moreover, in pending suits, no court can pass any effective interim or final order, including orders directing surveys, till the next date of hearing or further orders, the bench said.

 

The court further said the primary issue was with regard to Sections 3 and 4 of the 1991 Act and its contours as well as the width and expanse of those provisions. While Section 3 prohibits the conversion of a place of worship from one religion or sect to another, Section 4 declares that the religious character of a place of worship will be frozen as of Aug. 15, 1947. The sole exception allowed was the then disputed Ram Janmabhoomi-Babri Masjid case in Ayodhya.  End 

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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