New Delhi: Supreme Court is scheduled to hear on Thursday a batch of PILs challenging the validity of certain provisions of a 1991 law that prohibits filing a lawsuit to reclaim places of worship or seek a change in its character from what prevailed on August 15, 1947.
A bench of CJI Sanjeev Khanna, Justice PV Sanjay Kumar and Justice KV Vishwanathan will hear it. The 1991 law has been termed unjust and a demand has been made to repeal it. Apart from Jamiat Ulema-e-Hind, Muslim Personal Law Board, many political leaders have filed petitions in support of the Act. The Supreme Court will start hearing on these petitions today.
The top court is seized of the pleas, including one filed by Ashwini Upadhyay who has prayed that sections 2, 3 and 4 of the Places of Worship (Special Provisions) Act, 1991, be set aside.
Among the various reasons submitted was the contention that these provisions take away the right of judicial remedy to reclaim a place of worship of any person or a religious group.
Places of Worship Act 1991
Places of Worship Act of 1991 says that the status of every religious place in the country on 15 August 1947 cannot be changed. Several petitions have been filed in the Supreme Court challenging this law. It has been said in these petitions that this law deprives the Hindu, Jain, Sikh and Buddhist communities from demanding their rights. It is the constitutional right of every citizen to bring any issue to the court. But the ‘Places of Worship Act’ deprives citizens of this right. This is not only a violation of the fundamental right to get justice, but is also discrimination on religious grounds.
Apart from Jamiat, many people including All India Muslim Personal Law Board, Congress spokesperson Alok Sharma, RJD MP Manoj Jha, NCP leader Jitendra Awhad, CPM leader Prakash Karat have filed petitions demanding that the Supreme Court dismiss all the petitions challenging the Places of Worship Act. They have said that this law is in accordance with the secular structure of India. The Constitution has given every citizen the fundamental right to equality, living with dignity and religious freedom. This law protects such rights. Any change in it will harm social harmony.
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