Congress moves SC to oppose pleas against 1991 places of worship law
New Delhi, Jan 16 (PTI): The Congress has filed an intervention application in the Supreme Court to oppose the pleas challenging the Places of Worship (Special Provisions) Act, 1991, saying they are "motivated and malicious attempt to undermine established principles of secularism".
In the application, filed through Congress General Secretary KC Venugopal, the party defended the law as a reflection of the country's secular ethos and a product of the popular mandate.
The plea emphasised that the 1991, which seeks to preserve the status quo of religious structures as they existed on August 15, 1947, was enacted with broad support during the 10th Lok Sabha when Congress and the Janata Dal party held the majority.
The party noted that the Act was part of its election manifesto in 1991, highlighting its long-standing commitment to protecting India's secular identity.
"The POWA (the Places of Worship (Special Provisions) Act) is essential to safeguard secularism in India and the present challenge appears to be a motivated and malicious attempt to undermine established principles of secularism," the plea said.
The party raised several arguments in favour of the law and sought permission of the top court to intervene in the ongoing legal challenge, asserting that its representatives were instrumental in bringing the Act into force.
"It may be relevant to mention that at the time of the passing of the POWA, it was the applicant along with the Janata Dal party that were in the majority in the legislature for the 10th Lok Sabha. The applicant humbly submits that the POWA was enacted by the Parliament , as it reflected the mandate of the Indian populace. In fact, the POWA had been envisaged prior to the year 1991 and the same was made a part of the applicant's then election manifesto for the parliamentary elections," it said.
The party countered claims that the Act violates the right to freedom of religion under Article 25 and cited the Supreme Court's Ayodhya verdict, which stated that the Act aligns with the obligations of a secular state.
The plea said that the 1991 law upholds fundamental rights under Articles 25, 26, 27, and 28, making it within Parliament's jurisdiction to enact.
"The present petition also erroneously states that the POWA is discriminatory as it is applicable only towards members of the Hindu, Sikh, Jain and Buddhist communities.
"A bare perusal of the POWA shows that it promotes equality amongst all religious groups and does not accord special treatment 4 towards specific communities as alleged by the petitioner...," it said.
It dismissed allegations of preferential treatment, pointing to Section 2(c) of the Act, which defines "place of worship" inclusively as temples, mosques, churches, gurudwaras, monasteries, or any other places of public religious worship.
Recently, a bench headed by Chief Justice Sanjiv Khanna agreed to examine a separate plea of AIMIM chief Asaduddin Owaisi seeking effective implementation of the 1991 places of worship law.
On January 6, the Akhil Bhartiya Sant Samiti, a Hindu organisation, moved the top court seeking to intervene in cases filed against the validity of provisions of the 1991 law that asks to maintain the religious character of places as it existed on August 15, 1947.
The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.
However, the dispute relating to Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview.
The bench, while acting on a batch of similar pleas against the 1991 law, restrained all courts from entertaining fresh suits and passing any interim or final orders in pending cases seeking to reclaim religious places, particularly mosques and dargahs.
It was hearing about six petitions, including the lead one filed by lawyer Ashwini Upadhyay, challenging various provisions of the law.
The lead petition, filed by BJP leader Ashwini Kumar Upadhyay in 2020, challenges the PoWA on the grounds that it is arbitrary and violates fundamental rights under Articles 14 and 25 of the Constitution.
The petitioners argue that the Act infringes on their right to practice religion by freezing the status of places of worship as they existed in 1947.
However, several parties, including the Gyanvapi Mosque Managing Committee and Maharashtra MLA Dr. Jitendra Satish Awhad, has filed intervention applications supporting the Act.
They argue that the PoWA is vital for maintaining communal harmony and ensuring religious coexistence.
The Centre is yet to file its counter-affidavit in the court in the case.
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Karnataka Muslim Convention to be held in Bengaluru on May 16
Muslim organisations to release report on Congress govt’s three-year performance
Bengaluru: Major Muslim organisations and federations in Karnataka have decided to organise a large public convention titled ‘Karnataka Muslim Convention’ at Town Hall in Bengaluru on May 16. During the convention, a comprehensive report reviewing the three-year performance of the Congress government under the theme “What did the Congress government promise? What did it do? What next?” will be released.
According to a statement issued on Friday, no politicians will be invited to the convention. The report will be submitted to the government and all MLAs after the event.
The convention is being held at a time when the Congress government is nearing the completion of three years in office on May 20. Muslim organisations have expressed dissatisfaction, alleging that despite extending strong support to the Congress in bringing it to power, the community is being neglected.
The Convention is being organised at time when there are concerns over inadequate political representation for Muslims, alleged neglect of community demands, and the suspension of senior Muslim leaders who had worked for the party for decades.
The organisers said the convention aims to raise questions on what the Congress government has delivered so far and what further steps are expected from the government.
The decision to hold the convention was taken during a meeting held on May 6 at A J International Hotel in Shivajinagar, Bengaluru. Representatives of major Muslim organisations, associations, ulema bodies, federations, and members of the ad hoc committee of Karnataka Rajya Muslim Okkoota attended the meeting.
More than 75 representatives and delegates, including senior ulemas, jamaat leaders, lawyers, retired officials, journalists and members of the KRMO ad hoc committee, participated in the discussions.
Members of the KRMO ad hoc committee’s report preparation team and experts from different sectors presented a detailed report on the Congress government’s three-year performance. The report examined promises made to Muslims on ten major issues, the extent to which they were fulfilled, pending promises, alleged discrimination in representation, and the demands now being placed before the government.
The report covered issues such as the hijab ban, reservation cancellation, hate speech and hate crimes, budget allocation, political representation, waqf matters, the anti-cow slaughter law, anti-conversion law, scholarships and educational grants.
Participants offered suggestions and recommendations on various points, and necessary corrections to the report were accepted after detailed discussions.
The meeting also reportedly expressed strong dissatisfaction over the manner in which the Congress government has treated the Muslim community. Participants are said to have opined that if the government and the Congress party continue in the same manner, the community should keep its political options open.
It was later decided that the report would be officially released at the large public convention on May 16 under the title “Karnataka Muslim Convention – What did the Congress government promise? What did it do? What next?”
The organisers appealed to people from all districts of the state to participate in large numbers and send a strong message to the government and the Congress party through the convention.
They also decided that all organisations, jamaats and associations should work towards ensuring participation from every district in Karnataka.
The statement reiterated that no politicians would be invited to the May 16 convention and that the report on the Congress government’s three-year performance would be submitted to the Chief Minister, Deputy Chief Minister, ministers and MLAs after the event.
