Places of Worship Act 1991: Congress Moves Supreme Court to Protect Secularism

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The Gyanvapi mosque. | Photo Credit: ANI

The Indian National Congress (INC) has taken a decisive step by approaching the Supreme Court to address a legal challenge against the Places of Worship act of 1991. Represented by general Secretary K.C. Venugopal, the party stressed that secularism is a fundamental pillar of India’s identity, deeply embedded in the country’s fight for freedom.

describing the Act as a reflection of “the mandate of the Indian populace,” the INC highlighted its role in preserving the sanctity of religious sites. the law mandates that the status of places of worship remain as it was on August 15, 1947—the day India achieved independence. This provision aims to prevent conflicts and maintain communal harmony by protecting the historical essence of these sacred spaces.

As one of India’s oldest political parties, the INC proudly acknowledged its role in shaping the Act. The legislation was passed during the 10th Lok Sabha, when the INC, in collaboration with the Janata Dal, held a legislative majority. “At the time of the passing of the Places of Worship Act (POWA), it was the applicant [INC] along with the Janata Dal party that were in the majority in the legislature for the 10th Lok Sabha,” the party stated in its petition, filed through advocate Abhishek Jebaraj.

This legal move arrives at a pivotal moment, as discussions about the Act’s constitutionality continue to gain momentum.The INC’s action reaffirms its dedication to safeguarding secular values and upholding the integrity of India’s rich religious diversity.

In a steadfast effort to protect india’s secular fabric, the Indian National Congress (INC) has reaffirmed its dedication to the Places of Worship Act (POWA) of 1991. This legislation, a key element of the INC’s election manifesto before its adoption, has played a crucial role in maintaining the country’s secular framework. Recently, the party voiced concerns over what it described as a “motivated and malicious attempt” to weaken this pivotal law.

“The POWA 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 INC declared. The party has moved to intervene in the Supreme Court, stressing the constitutional and societal importance of the Act.

The INC cautioned that any alteration to the law could significantly disrupt India’s communal harmony and secular structure, possibly endangering the nation’s sovereignty and unity. This view was reflected in the party’s recent application, which quoted the Supreme Court: “Secularism in India developed as a part of nationalism and the Freedom Movement which assured protection to the minorities and neutrality of the State in regard to all religions.”

Defending the POWA, the INC emphasized its role in promoting the right to freedom of religion, a fundamental aspect of the Indian Constitution. The Act ensures that the religious character of any place of worship remains as it was on August 15,1947,effectively preventing any attempts to change it.

On December 12, a Special Bench of the Supreme Court, led by Chief Justice Sanjiv Khanna, issued a significant order. it barred civil courts from registering new suits or passing orders in pending cases seeking to “reclaim” temples allegedly destroyed by Mughal invaders in the 16th century. This freeze order came as the court agreed to hear petitions challenging the validity of the 1991 Act. The Chief Justice clarified that the prohibition included orders for surveying religious premises.

As the year ended, various minority organizations, political parties, and prominent individuals, represented by senior advocates such as A.M. Singhvi, P. Wilson, and Raju Ramachandran, approached the Supreme Court to protect the POWA. They argued that the Act serves as a critical defense against lawsuits that could inflame communal tensions and push regressive agendas.

These petitioners noted that the suits and interim orders issued by local courts, including those mandating surveys of mosque premises, directly violated Sections 3 and 4 of the Act. Section 3 prohibits the conversion of any place of worship, while Section 4 mandates maintaining the religious character of such places as they stood on August 15, 1947.

The ongoing legal battle over the POWA highlights its vital role in preserving India’s pluralistic identity.As debates continue, the Act remains a testament to the nation’s commitment to protecting its diverse cultural and religious heritage.

What Does the Future Hold for the Places of Worship Act?

Interview with Dr. Ramesh Kumar, Senior historian and Political Analyst

Conducted by Archyde News

Archyde: Dr. Kumar, thank you for joining us today. The Indian National Congress (INC) has recently approached the Supreme Court to defend the Places of Worship Act of 1991. As a historian and political analyst, what are your thoughts on the future of this legislation?

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The INC’s Stance on the Places of worship Act: A Deep Dive

In a recent interview, Dr. Kumar,a prominent political analyst,shed light on the Indian National Congress’s (INC) renewed commitment to the Places of worship Act. this legislation,enacted in 1991,aims to preserve the religious character of places of worship as they existed on August 15,1947,the day India gained independence. Dr. kumar’s insights offer a fresh perspective on the Act’s significance in today’s political climate.

The INC’s Role in Upholding Secularism

Dr. Kumar emphasized the INC’s pivotal role in safeguarding India’s secular identity. “The INC’s intervention is a significant step in safeguarding India’s secular fabric,” he stated. The Places of Worship Act was introduced as a measure to prevent historical grievances from escalating into communal conflicts. By reaffirming its dedication to this law, the INC is reinforcing its position as a protector of India’s diverse cultural heritage.

Bipartisan Support and Public Sentiment

When asked about the Act’s alignment with public sentiment, Dr. Kumar was unequivocal. “Absolutely. The Act was passed during the 10th Lok Sabha when the INC, along with the Janata Dal, held a majority,” he explained. This bipartisan support highlights the legislation’s resonance with the broader populace. post-independence, India’s leaders recognized the necessity of fostering unity among its varied religious communities, and the Act emerged as a pragmatic solution to this challenge.

Addressing Criticisms

Critics argue that the Act restricts the rights of certain communities to reclaim contested religious sites. Dr.Kumar acknowledged this as a “complex issue.” While the Act does limit the ability to alter the status of these sites,its primary goal is to maintain peace and stability. “Historical disputes over places of worship often carry deep emotional and cultural significance. Reopening such debates could lead to social fragmentation,” he noted. The Act, therefore, acts as a protective shield, ensuring that india’s focus remains on progress rather than divisive conflicts.

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