New Delhi: The Supreme Court of India is set to hear a batch of petitions on December 12, challenging the constitutionality of certain provisions in the Places of Worship (Special Provisions) Act, 1991.
This Act prohibits the filing of lawsuits to reclaim places of worship or change their character from what existed on August 15, 1947.
A special bench consisting of Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Vishwanathan will hear the case.
Challenges
The pleas challenged the Places of Worship Act saying that the Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their 'places of worship and pilgrimages', destroyed by invaders.
Petitioners
Daughter of the Kashi Royal Family, Maharaja Kumari Krishna Priya; BJP leader Subramanian Swamy; Chintamani Malviya, former Member of Parliament; Anil Kabotra, a retired army officer; advocates Chandra Shekhar; Rudra Vikram Singh, resident of Varanasi; Swami Jeetendranand Saraswati, a religious leader; Devkinandan Thakur Ji, resident of Mathura and a religious guru and advocate Ashwini Upadhyay among others have filed the pleas in the Apex Court against the 1991 Act.
The petitioners claim that the Act violates the principles of secularism and the rule of law, and that it takes away their right to approach the court and seek judicial remedy. They also argue that the Act deprives them of their right to manage, maintain, and administer their places of worship and pilgrimage.
The 1991 provision is an Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on August 15, 1947, and for matters connected therewith or incidental thereto.
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Plea by Jamiat Ulama-i-Hind
Jamiat Ulama-i-Hind had also filed a plea in the top court challenging the petitions filed by Hindu petitioners saying that entertaining the pleas against the Act will open floodgates of litigations against countless mosques across India.
India Muslim Personal Law Board had also moved the apex court opposing a batch of petitions challenging the validity of certain provisions of a 1991 law.
Committee of Management Anjuman Intezamia Masjid which manages the mosque in the Gyanvapi complex has filed an intervention application in the case and sought dismissal of pleas challenging the Places of Worship Act.
One of the pleas challenging the Act stated, "The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, though both are the incarnation of Lord Vishnu, the creator and equally worshiped all over the world."
The pleas further stated that the Act blatantly offends the right of Hindus, Jains, Buddhists, and Sikhs to restore, manage, maintain and administer the places of worship and pilgrimage guaranteed under Article 26 of the Indian Constitution.
The petitions filed have challenged the constitutional validity of Sections 2, 3, 4 of the Places of Worship (Special Provisions) Act 1991, which it said violates the principles of secularism and rule of law, which is integral part of Preamble and basic structure of the Constitution.
The pleas said that the Act has taken away the right to approach the Court and thus right to judicial remedy has been closed.
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Section 3 of the Act
Section 3 of the Act bars the conversion of places of worship. It states, "No person shall convert any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section thereof."
Section 4 bars filing of any suit or initiating any other legal proceeding for a conversion of the religious character of any place of worship, as existing on August 15, 1947.
The Places of Worship Act 1991 is void and unconstitutional for many reasons, the plea said, adding that it offends the right of Hindus, Jains, Buddhists, and Sikhs to pray, profess, practice and prorogate religion (Article 25), petitions said. It also infringes on their right to manage, maintain and administer the places of worship and pilgrimage (Article 26), pleas added.
The Act deprives these communities from owning/acquiring religious properties belonging to the deity (misappropriated by other communities) And also takes away the right to take back their places of worship and pilgrimage and the property which belongs to the deity, stated the pleas.
The Act further deprives Hindus, Jains, Buddhists, and Sikhs to take back their places of worship and pilgrimage connected with cultural heritage (Article 29) and it also restricts them to restore the possession of places of worship and pilgrimage but allows Muslims to claim under Section 107, Waqf Act, the pleas added. (with Agency inputs)
