Plea challenging Places of Worship Act 1991 filed in SC
New Delhi [India], May 26: One more plea challenging the Constitutional validity of certain sections of the Places of Worship (Special Provisions) Act 1991, saying that the Act violates the principles of secularism, was filed in the Supreme Court on May 26.
The plea filed by Rudra Vikram Singh, resident of Varanasi, challenged the constitutional validity of Sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act 1991.
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According to Vikram's plea, the sections offend Articles 14, 15, 21, 25, 26, and 29 and violate the principles of secularism and the rule of law, which are an integral part of the Preamble and the basic structure of the Constitution.
"It is respectfully submitted that the Central Government, by making impugned provision (Places of Worship Act 1991) in the year of 1991 has created arbitrary irrational retrospective cutoff date, declared that character of places of worship and pilgrimage shall be maintained as it was on 15 August 1947 and no suit or proceeding shall lie in the court in respect to the dispute against encroachment done by barbaric fundamentalist invaders and such proceeding shall stand abated," the PIL stated.
"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' their religion (Article 25).
"The Act infringes on the rights of Hindus, Jains, Buddhists, Sikhs to manage, maintain and administer the places of worship and pilgrimage (Article 26)," it added.
Both the pleas further stated that the Act further deprives Hindus, Jains, Buddhists, and Sikhs of owning/acquiring religious properties belonging to their deity (misappropriated by other communities).
"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 Hindus, Jains, Buddhists, Sikhs to restore the possession of places of worship and pilgrimage but allows Muslims to claim under Section 107, Waqf Act," it said.
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The plea, therefore, sought direction to declare that Section 2, 3 and 4 of the Places of Worship (Special Provisions) Act, 1991 is void and unconstitutional for being violative of Articles 14, 15, 21, 25, 26, 29 of the Constitution of India so far as it legalises 'the ancient historical and puranic places of worship and pilgrimage', illegally occupied by foreign invaders.
-PTC News
