What is the Places of Worship Act and why are questions being raised about its constitutionality?
The constitutionality of the Places of Worship Act of 1991, which is often cited, has now been challenged in the Supreme Court. Lawyer Vishnu Shankar Jain has filed a petition in this regard in the apex court.
The Supreme Court will hear the case challenging the constitutional validity of the Places of Worship Act on December 12 at 3.30 pm. A special bench of three judges headed by the Chief Justice including Justice Sanjay Kumar and Justice KV Vishwanathan will hear the case. In the petition filed in the Supreme Court, it was said that this Act violates the right to worship based on equality of people, right to life and personal freedom of the individual.
Speaking to news agency ANI, Vishnu Shankar Jain said, 'We have challenged the constitutional validity of the Places of Worship Act 1991. Jamiat-Ulema-e-Hind is citing this Act and saying that you cannot go to court in any matter other than Ram Mandir'
Jain said, 'This is completely wrong and unconstitutional. The most important thing is why the cut-off date in the Places of Worship Act is August 15, 1947. The cut-off date should be 712 AD, when Mohammed bin Qasim first invaded and destroyed temples.'
Vishnu Jain further said that 'the cut-off date is unconstitutional. Parliament cannot make a law that takes away people's right to go to court.' Jain said it is against the basic spirit of the Constitution and said that we have challenged it based on violation of Articles 14, 15, 19, 21 and 25.
What is the Places of Worship Act?
In 1991, the then Congress government came up with a law called the Places of Worship Act. According to this, any religious place that came into existence before 15 August 1947 cannot be converted into a place of worship of another religion.
At that time, the Ram Mandir case was in court, so it was kept out of the law. There was also a provision for punishment in the Places of Worship Act. Violation could lead to imprisonment of one to three years and a fine.
Background of the act
In the 1990s, the Ram Mandir movement was at its peak. The Rath Yatra that started from Somnath was to reach Ayodhya, but before that Lal Krishna Advani was arrested in Bihar. By the time Narasimha Rao's government came to power, many controversies like Ayodhya arose.
The Places of Worship Act was introduced to stop this. But even then BJP opposed it in the Parliament. There was a demand to send the bill to JPC, but despite this it was passed.
Hearing to be held in Supreme Court
A total of 6 petitions challenging the constitutionality of the Places of Worship Act have been filed in the Supreme Court. These cases are to be heard today, Thursday. A bench of Chief Justice Sanjeev Khanna, Justice PV Sanjay Kumar and Justice Manmohan will hear them.