 "SC rejects fresh plea on Places of Worship Act, allows to file application")
The Supreme Court on Tuesday refused to entertain a fresh petition challenging a provision of the Places of Worship (Special Provisions) Act, 1991. The Act preserves the religious character of places of worship as they existed on August 15, 1947.
The top court granted the petitioner, Nitin Upadhyay, the liberty to file an application in the pending case challenging the Act.
What did the petition say?
According to a report by PTI, the petition asked the court to allow courts to issue orders to determine the original religious character of places of worship. Nitin Upadhyay, a law student, also challenged Section 4(2) of the Act, which prohibits changing the religious character of a place of worship and bars new cases seeking such changes.
The petition stated, “The Centre has transgressed its legislative power in barring the judicial remedy, which is a basic feature of the Constitution. It is well established that the right to judicial remedy by filing suit in a competent court cannot be barred, and the power of courts cannot be abridged, and such denial has been held to be violative of basic features of the Constitution, beyond legislative power.”
The petition argued that the Act mandates the preservation of religious character but does not prohibit changes to the "structure, edifice, construction or building" of religious places. “Structural change is permissible to restore the original religious character of the place,” the petitioner said.
The petition also clarified that the Act does not prevent scientific or documentary surveys to determine the religious character of a place.
Ongoing challenges
The Supreme Court is already handling several petitions challenging the constitutional validity of the Places of Worship Act, which some say violates the principles of secularism and the rule of law, which are fundamental to the Constitution.
Among the petitioners challenging the Act are prominent figures such as Maharaja Kumari Krishna Priya, BJP leader Subramanian Swamy, former MP Chintamani Malviya, retired army officer Anil Kabotra, and several religious leaders.
The petitioners argue that Sections 2, 3, and 4 of the Act violate fundamental rights, including the right to equality and the freedom to practice religion.
Opposition to the petition
Several groups, including political parties like the Indian National Congress and CPI(ML), as well as religious organisations like the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) and the India Muslim Personal Law Board, have opposed the petition.
These groups filed applications asking the court to dismiss the challenges to the Places of Worship Act, saying that it would cause widespread litigation and unrest.
On December 12, the Supreme Court had issued an order preventing courts from passing any interim or final orders on the issue, including surveys of religious structures, while the challenge to the Act is still pending. The court prohibited the filing of new suits related to the religious character of places of worship.
The Places of Worship Act, which seeks to preserve the religious nature of worship places, does not apply to the Ram Janmabhoomi-Babri Masjid dispute in Ayodhya.