The Indian National Congress has approached the Supreme Court, seeking intervention in cases challenging the validity of the Places of Worship (Special Provisions) Act, 1991. This legislation ensures that the religious nature of places of worship, as they existed on 15 August 1947, is maintained.
The Congress party, which played a pivotal role in the introduction and passage of the Act, described it as a critical measure to protect India’s secular fabric. According to the party, the Act reflects the will of the Indian people and is indispensable for safeguarding the country’s secularism.
In its application, the Congress emphasised that the Act was part of its election manifesto prior to 1991, underlining its commitment to protecting communal harmony.
It further stated that the ongoing challenges to the Act appear to be a deliberate attempt to undermine the principles of secularism enshrined in the Indian Constitution.
The party has requested the court to dismiss the petitions challenging the Act and expressed concerns that any alterations to the legislation could harm India’s communal harmony and threaten its sovereignty.
The Congress also highlighted the significance of the Act in upholding the right to freedom of religion and preserving the secular structure of the nation.
The Supreme Court is currently hearing a batch of petitions challenging sections of the Act, particularly Sections 2, 3, and 4. These sections prohibit any alterations to the religious nature of a place of worship and restrict legal proceedings aimed at changing their character.
Petitioners opposing the Act argue that it violates fundamental rights, including the right to equality and freedom to practise religion. They claim that the legislation denies Hindus, Jains, Buddhists, and Sikhs the opportunity to reclaim their places of worship destroyed during historical invasions.
Prominent figures challenging the Act include BJP leader Subramanian Swamy, former MP Chintamani Malviya, and several other public personalities, retired officials, and religious leaders.
Their petitions assert that the Act excludes the birthplace of Lord Rama while including that of Lord Krishna, despite both being incarnations of Lord Vishnu and equally revered by millions.
On the other hand, groups representing the Muslim community, such as Jamiat Ulama-i-Hind, the All India Muslim Personal Law Board, and committees managing mosques like the Gyanvapi mosque in Varanasi and the Shahi Idgah mosque in Mathura, have filed applications opposing the petitions.
These groups argue that entertaining such challenges could lead to a wave of litigation targeting countless mosques across the country.
Prominent Muslim leaders, including AIMIM President Asaduddin Owaisi, have also approached the Supreme Court to uphold the Act. They have urged the court to reject the pleas challenging its provisions to prevent communal unrest and protect the secular character of the nation.
The Places of Worship Act, 1991, was designed to provide legal protection against the alteration of religious places. Section 3 specifically prohibits the conversion of a place of worship from one religion to another or between sects of the same religion.
Section 4 bars the initiation of legal proceedings to alter the religious nature of any place of worship as it stood on 15 August 1947.
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