Congress Moves Supreme Court Seeking Intervention in 1991 Places of Worship Act Cases

 Congress Moves Supreme Court Seeking Intervention in 1991 Places of Worship Act Cases

Introduction

The Indian National Congress (INC) recently approached the Supreme Court, seeking intervention in cases challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. The Act, which preserves the religious character of places of worship as they stood on August 15, 1947, has been the subject of multiple legal disputes. The Congress emphasized its pivotal role in enacting the law and its commitment to defending the secular fabric of India.

Background of the 1991 Places of Worship Act (POWA)

The Places of Worship Act was enacted by the Parliament in 1991 to:

  • Prohibit the conversion of any place of worship from its original religious character.
  • Preserve the status quo of religious structures as they existed on August 15, 1947.
  • Impose strict penalties for any violations of the Act.

The legislation exempted the Ram Janmabhoomi-Babri Masjid site, allowing legal proceedings regarding the dispute to continue, eventually leading to the Supreme Court's landmark verdict in 2019.

Congress’ Stand on the Act

The Congress, in its application to intervene, argued that:

  1. Historical Commitment: The Act was part of its 1991 election manifesto, reflecting its commitment to preserving India's secular ethos.
  2. Defense of Secularism: The party stressed that the Act is essential to protect secularism, a basic feature of the Indian Constitution.
  3. Preventing Communal Disharmony: The Congress believes that amending or invalidating the Act could jeopardize communal harmony, posing a threat to India's unity and integrity.
  4. Opposing Challenges to Key Sections: The party aims to defend Sections 2, 3, and 4 of the Act, which are under judicial scrutiny.

Legal Challenges to the Act

The Act’s constitutionality has been challenged on the following grounds:

  • Violation of Fundamental Rights: Petitioners argue that Sections 3 and 4 infringe on the right to equality, freedom of religion, and the right to judicial remedy.
  • Denial of Justice: The Act bars legal proceedings to reclaim places of worship, effectively closing the door to judicial recourse for historical grievances.

Petitions have been filed by several individuals and organizations, including:

  • Hindu Petitioners: Highlighting the exclusion of Lord Krishna’s birthplace while exempting Lord Rama’s birthplace, claiming inconsistency.
  • Muslim Organizations: Groups like Jamiat Ulama-i-Hind and the India Muslim Personal Law Board argued that striking down the Act could lead to a flood of lawsuits against mosques across India.

Supreme Court's Observations

The Supreme Court, on December 12, 2023, restrained all courts from issuing any interim or final orders in ongoing disputes over religious structures. Additionally, no new suits can be filed while the matter is sub judice.

The court’s intervention highlights the national significance of the issue and the need for a balanced approach to safeguard both secular values and the rule of law.

Key Sections of the Act

  1. Section 3: Bars the conversion of any place of worship from its existing religious character.
  2. Section 4: Prohibits filing of lawsuits or initiating legal proceedings to alter the religious character of a place of worship as it existed on August 15, 1947.

Congress' Argument for Dismissal of Petitions

The Congress urged the Supreme Court to dismiss petitions challenging the Act on these counts:

  • Preserving Constitutional Morality: Secularism is enshrined in the Preamble and forms part of the basic structure doctrine.
  • Ensuring Communal Harmony: Any alteration to the Act could inflame communal tensions.
  • Respecting Legislative Mandates: The Parliament enacted the Act reflecting the collective will of the people.

Broader Implications of the Case

The outcome of this case has far-reaching consequences for:

  • India’s Secular Fabric: A ruling against the Act could disrupt communal harmony.
  • Judicial Precedents: It could redefine the scope of judicial remedies for historical grievances.
  • Religious Harmony: The Act’s nullification might lead to widespread litigation, potentially destabilizing religious coexistence.

Conclusion

The Places of Worship Act of 1991 remains a cornerstone of India’s secularism, reflecting a commitment to preserving the religious diversity and harmony that define the nation. As the Supreme Court deliberates on its validity, the Congress’ intervention underscores the political and societal significance of safeguarding secular values.

The verdict will not only shape the future of communal harmony but also reaffirm the judiciary’s role in upholding the Constitution’s core principles.

Location: Pune, Maharashtra, India

Comments

Post a Comment