Congress moves SC to oppose pleas against Places of Worship Act, 1991

The party, in its intervention application, argued that the Places of Worship Act is vital for promoting equality among religious groups and does not violate the freedom of religion.
Supreme Court of India
Supreme Court of India(File Photo | EPS)
Updated on
2 min read

NEW DELHI: The Indian National Congress (INC) has moved the Supreme Court to oppose a series of petitions challenging provisions of the Places of Worship (Special Provisions) Act, 1991. The party has also sought to intervene in these pleas, arguing in favour of the Act’s constitutionality and its importance in maintaining communal harmony.

The top court is scheduled to hear the batch of petitions on February 17.

In its intervention application filed before the apex court, Congress argued that the Places of Worship Act is vital for promoting equality among religious groups and does not violate the freedom of religion.

The party emphasised the constitutional and societal significance of the Act, asserting: "The POW Act is enacted by the Parliament, as it reflects the mandate of the Indian populace. In fact, the POW Act had been envisaged prior to the year 1991 and the same is made a part of the Applicant's then Election Manifesto for the Parliamentary elections."

"The POW Act 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," it added.

The plea further stated that the Act does not provide special treatment to any specific communities, as alleged by the petitioners, but instead fosters equality among all religious groups.

Supreme Court of India
INDIA bloc allies may move separate petitions on Places of Worship Act

"The POW Act does not contravene any provisions of Part III of the Constitution. It is a settled principle of law that the constitutionality of any statute is presumed, and that the burden to prove that a statute or any part thereof is unconstitutional lies solely on the one alleging unconstitutionality," the plea argued.

The interim order in the Places of Worship Act case was passed on 12 December by a special bench of the Supreme Court led by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and K. V. Viswanathan.

The bench was hearing a batch of petitions concerning the Act, which prohibits the conversion of the religious character of places of worship from their status as of 15 August 1947.

Several petitions have been filed on the issue, some challenging the constitutionality of the Act and others calling for its strict implementation. Among the petitioners are Bharatiya Janata Party (BJP) leader and lawyer Ashwini Kumar Upadhyay, who has sought the striking down of Sections 2, 3, and 4 of the Act, and former Rajya Sabha MP Subramanian Swamy, who has requested that certain provisions of the Act be "read down" to enable Hindus to claim the Gyanvapi Mosque in Varanasi and the Shahi Idgah Mosque in Mathura.

Political parties including the Communist Party of India (Marxist), Indian Union Muslim League (IUML), Nationalist Congress Party (Sharad Pawar group), Rashtriya Janata Dal (RJD), and MPs such as Jitendra Awhad, Manoj Kumar Jha, Thol Thirumavalavan, and AIMIM Chief Asaduddin Owaisi have also filed applications supporting the Places of Worship Act.

The Congress maintained that the Act promotes secularism and urged the Supreme Court to uphold its validity, underscoring its role in preserving communal harmony and equality.

Supreme Court of India
Clarify stand on Places of Worship Act: AIMIM chief Asaduddin Owaisi to Telangana govt

Related Stories

No stories found.

X
The New Indian Express
www.newindianexpress.com