New Delhi: The Communist Party of India (Marxist) and a Maharashtra MLA from Sharad Pawar-led Nationalist Congress Party have moved the Supreme Court challenging several petitions pending before the apex court challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991 seeking to dismiss the pleas against the 1991 Act on grounds of secularism, equality and freedom of religion.
The apex court, which is already seized of several petitions against certain provisions of the 1991 law, has constituted a three-judge special bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan to hear the matter on December 12.
Gyanvapi Mosque management committee, Varanasi recently moved apex court
Recently, the Gyanvapi Mosque management committee, Varanasi moved the apex court challenging several pending petitions before the top court challenging the constitutional validity of the 1991 Act, saying that the consequences of overturning the law are bound to be drastic.
CPI (M) has filed petition through politburo member Prakash Karat
The CPI (M), which has filed the petition through politburo member Prakash Karat, has said, “The party is interested in upholding constitutional fraternity and also secularism, equality, and the rule of law, which are principles enshrined in the Indian Constitution. The applicant seeks intervention in this matter to highlight the constitutional and societal importance of the Act fearing that tinkering with it would harm India’s communal harmony and secular fabric.”
1991 Act safeguards country against religious strife and ensures adherence to constitutional morality: CPI (M)
The CPI (M) has further said that the 1991 Act prevents historical wrongs from being addressed by breaching the rule of law or urging the courts to do so and thus safeguards the country against religious strife and ensures adherence to constitutional morality.
“That the alarming proliferation of litigation challenging the religious character of various places of worship across the country, including mosques and dargahs, intends to destabilise the legislative intent and constitutional mandate enshrined in the Act. This relentless wave of litigation threatens to undermine the principles of secularism and the rule of law, which are foundational to the basic structure of the Constitution,” the CPI (M) has said.
What has the Maharashtra MLA said?
Maharashtra MLA Jitendra Satish Awhad, while seeking to intervene in the matter, has said that the provisions of the 1991 Act, while limiting changes to certain religious sites, are directly connected to the broader aim of ensuring that no single group’s actions at these sites can ignite or fuel communal tensions, and thus protecting the social fabric of the nation.
