SC agrees to examine Places of Worship Act
New Delhi, Mar 12: The Supreme Court on Friday agreed to examine the validity of the Places of Worship Act. A Bench headed by Chief Justice of India, S A Bobde sought the response of the Centre.
The court is hearing a petition challenging the constitutional validity of act, which barred any litigation seeking to change the character of a religious place from what it was at the time of independence.
The petitioner Ashwini Kumar said that the law is discriminatory as it deprives Hindus, Jains and Buddhists from reclaiming their ancient places o worship which were damaged and converted to Mosques during the reign of Muslim Kings.
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"The
1991
Act
has
barred
the
right
and
remedy
against
encroachment
made
on
religious
property
of
Hindus
exercising
might
of
power
by
followers
of
another
faith.
The
result
is
that
Hindu
devotees
cannot
raise
their
grievance
by
instituting
any
suit
in
Civil
Court
or
invoking
the
jurisdiction
of
the
High
Courts
against
high
handiness
of
ultras
and
will
not
be
able
to
restore
back
the
religious
character
of
Hindu
Endowments,
Temples,
Mutts
etc
from
hoodlums
if
they
had
encroached
upon
such
property
before
August
15,
1947
and
such
illegal
and
barbarian
act
will
continue
in
perpetuity,"
the
petitioner
said.
Senior
advocate
Gopal
Subramaniyan
appeared
in
the
court
for
the
petitioner.
The law has made only one exception -- on the dispute pertaining to the Ram Janmabhoomi-Babri masjid at Ayodhya in Uttar Pradesh.
The fresh plea assumes significance as there has been an ongoing demand by some Hindu groups to reclaim religious places at Mathura and Kashi, which are prohibited under the 1991 law.
The provisions not only offend the right of equality and life, but also violate the principles of secularism, which is an integral part of the Preamble and the basic structure of the Constitution, the plea says.
The PIL claims that the provisions of the law "not only offend Articles 14 (equality), 15 (prohibits discrimination of Indians on basis of religion, race, caste, sex or place of birth), 21 (protection of life and personal liberty), 25 (freedom of conscience and free profession, practice and propagation of religion), 26 (freedom to manage religious affairs) and 29 (protection of interests of minorities), but also violate the principles of secularism, which is an integral part of the Preamble and the basic structure of the Constitution".
The PIL contends that the Centre has barred the remedies against illegal encroachment on places of worship and pilgrimage of Hindus, Jains, Buddhists and Sikhs, who cannot file a suit or approach a high court.
The petitioner has sought a declaration from the court that the provisions of the Places of Worship (Special Provisions) Act, 1991 are void and unconstitutional for being violative of the fundamental rights to equality, practise one''s religion and maintain religious places, among others, as the law validate the "places of worship" illegally made by barbaric invaders.
The plea claims that the restriction to move court is against the principle of rule of law and secularism, and adds that "if the Ayodhya case had not been decided by the Supreme Court''s constitution bench on November 9, 2019, Hindus would have been denied justice even after 500 years of the demolition of the temple".
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"The Centre by making impugned sections has, without resolution of the disputes through process of the law, abated the suit/proceedings, which is ''per se'' unconstitutional and beyond its law-making power.
"Moreover, impugned provisions cannot be forced with retrospective effect and the judicial remedy of dispute pending, arisen or arising cannot be barred. Centre neither can close the doors of Courts of First Instance, Appellate Courts, Constitutional Courts for aggrieved Hindus, Jains, Buddhists and Sikhs nor take away the power of high courts and Supreme Court, conferred under Article 226 and 32," it says.
Earlier also, another public interest litigation (PIL) petition was filed by the "Vishwa Bhadra Pujari Purohit Mahasangh", seeking directions to declare section 4 of the Act as ultra vires.