SC to hear pleas challenging Places of Worship Act today
The Supreme Court will hear a batch of petitions on Thursday challenging the Places of Worship (Special Provisions) Act, 1991. The bench comprises Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar. The court will hear both challenges to the Act and pleas in favor of its enforcement. Despite repeated notices from the Supreme Court since March 2021, the Centre is yet to file a response.
Act's aim and current challenges
The Places of Worship Act seeks to preserve the religious character of places of worship as they stood on August 15, 1947. Section 4 of the Act forbids conversion of any place of worship and abates legal proceedings over such conversions. A lead petition by Ashwini Kumar Upadhyay challenges Sections 2, 3, and 4 of the Act, arguing they violate constitutional principles and secularism. Other petitions echo similar concerns, claiming the Act restricts judicial remedies for historical grievances.
BJP leader's argument against the Act
Bharatiya Janata Party (BJP) leader Subramanian Swamy argues the Act violates Article 25, which guarantees religious freedom. He argues it bars devout Hindus from praying at temples where conversion happened due to foreign aggression. The Vishwa Bhadra Pujari Purohit Mahasangh has also made similar notions, saying the act has barred the right and remedy of Hindu devotees against encroachment made on religious property of Hindus exercising power by followers of another faith.
Pleas for enforcement and political stance on the Act
On the other hand, Jamiat Ulama-i-Hind wants the Act to be enforced, pointing out violations of Muslim places of worship. The Committee of Management Anjuman Intezamia Masajid Varanasi also backs the Act's validity, citing the Ram Janmabhoomi case verdict. The Congress has also reiterated its support for the Places of Worship Act. Congress general secretary Jairam Ramesh said recent controversies are "unfortunate" and added that "the Places of Worship Act, 1991, must be implemented in letter and spirit."
Centre's delayed response and Supreme Court's extensions
The Supreme Court's hearing follows several extensions given to the Centre to file a response. The last order observed that no counter affidavit had been filed till November 2023. Despite several notices from the Supreme Court since March 2021, the Centre is yet to file a response to these petitions challenging and supporting the Places of Worship Act.
