Congress Moves SC to Oppose Pleas Challenging Places of Worship Act, 1991 Provisions

Congress Moves SC to Oppose Pleas Challenging Places of Worship Act, 1991 Provisions

The Indian National Congress has approached the Supreme Court, opposing petitions challenging the provisions of the Places of Worship (Special Provisions) Act, 1991. 

In a Public Interest Litigation (PIL) filed by BJP leader and lawyer Ashwini Kumar Upadhyay questioning the constitutional validity of the Act, Congress has submitted an intervention application. 

The application emphasizes that the Act is crucial for upholding secularism in India, asserting that the challenge to its validity appears to be a motivated and malicious effort to undermine the established principles of secularism. 

"The Applicant seeks to intervene in this matter to emphasize the constitutional and societal significance of the POWA, as it apprehends that any alterations to it could jeopardize India's communal harmony and secular fabric thereby threatening the sovereignty and integrity of the nation," the political party said in the application.

The Congress further emphasized its commitment to the principles of secularism, highlighting its pivotal role in enacting the law during a time when it held a majority in the Lok Sabha alongside the Janata Dal party.
 
"Since the Applicant, through its elected members were responsible for the introduction and passage of the POWA, the applicant may be allowed to intervene and defend the legal validity of the passage of the POWA."
 
Congress stated that the Places of Worship Act is vital for maintaining communal harmony and fostering cordial relations among all communities in the country. It further alleged that Ashwini Kumar Upadhyay's plea challenging the Act has been filed with ulterior and questionable motives.
 
"The present petition also erroneously states that the POWA is discriminatory as it is applicable only towards members of the Hindu, Sikh, Jain and Buddhist communities. A bare perusal of the POWA shows that it promotes equality amongst all religious groups and does not accord special treatment towards specific communities as alleged by the Petitioner. It is equally applicable towards places of worship of all religious groups and ascertains and affixes their nature as on 15.08.1947," the application contends.

The Congress expressed concerns that any amendments to the Places of Worship Act could endanger India's communal harmony and secular fabric, posing a potential threat to the nation's sovereignty and integrity.  

The Jamiat Ulama-I-Hind had previously approached the Supreme Court, seeking to intervene as a party in Ashwini Kumar Upadhyay's plea. Similarly, All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) chief Asaduddin Owaisi has moved the Supreme Court, urging the implementation of the Act.  

In December 2024, the Supreme Court directed trial courts to refrain from issuing substantive orders or conducting surveys of existing religious structures in cases disputing their religious character until the resolution of the challenge to the Act.

 
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