Supreme Court to hear pleas challenging Places of Worship Act-1991 today
Supreme Court is set to hear a series of Public Interest Litigations (PILs) today, challenging the validity of specific sections of the Places of Worship (Special Provisions) Act, 1991. This law prohibits filing lawsuits to reclaim or alter the character of places of worship as they stood on August 15, 1947. The matter will be taken up by a three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan.
What the Pleas Contend
One of the key petitions, filed by Ashwini Upadhyay, seeks to invalidate sections 2, 3, and 4 of the Act, arguing that these provisions deny individuals and religious groups the right to judicial remedies to reclaim places of worship. Similarly, former Rajya Sabha MP Subramanian Swamy has requested the court to “read down” certain provisions to allow Hindus to stake claims over disputed sites like the Gyanvapi Mosque in Varanasi and the Shahi Idgah Mosque in Mathura.
Upadhyay, however, opposes this approach, stating, «The entire statute is unconstitutional, and no question of reading down arises.»
Defending the Act
Opposing the petitions, the Communist Party of India (Marxist) and Maharashtra MLA Jitendra Satish Awhad argue that the Act is essential for maintaining public order, unity, fraternity, and secularism in the country. Meanwhile, the Muslim side in ongoing disputes, including the Gyanvapi Mosque and Shahi Idgah Mosque cases, has invoked the 1991 law to counter the claims, asserting that such suits are inadmissible under the Act.
The Jamiat
