Special SC bench to hear Places of Worship Act challenges
What's the story
The Supreme Court of India has set up a special three-judge bench to hear several petitions challenging the Places of Worship (Special Provisions) Act, 1991.
The bench, headed by Chief Justice Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Vishwanathan, will hear the pleas on December 12.
The case has been pending since 2020 with several pleas against and in favor of the Act.
Legal challenge
BJP leader questions constitutional validity of Act
The lead petition against the Act has been filed by Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay.
He challenges the constitutional validity of Sections 2, 3, and 4 of the Act, arguing that the provisions contravene constitutional principles and undermine secularism.
Upadhyay contends that the Act denies judicial remedies for historical grievances.
Additional pleas
Other petitions raise concerns over religious rights
Similar concerns have been raised by other petitions.
The Vishwa Bhadra Pujari Purohit Mahasangh argues that the Act infringes upon Hindu devotees' rights against encroachments on religious properties.
BJP leader Subramanian Swamy also contends that the Act restricts religious freedoms by preventing Hindus from worshiping at temples affected by historical conversions.
Counter pleas
Muslim organizations file pleas in support of Act
On the other hand, organizations like Jamiat Ulema-i-Hind have filed pleas seeking enforcement of the Act's provisions.
They contend that Muslim places of worship are being subjected to frivolous legal challenges despite statutory protections.
The Gyanvapi Mosque Committee has also sought to intervene in support of the Act, citing its relevance in ongoing disputes like the Gyanvapi-Kashi Vishwanath temple issue.
Awaiting response
Centre yet to respond to Supreme Court's notice
The Supreme Court had first issued a notice to the Centre seeking its response in March 2021.
Despite several extensions given to file a counter affidavit, the Centre has not responded till date (November 30 last year).
The Places of Worship (Special Provisions) Act of 1991 directs all places of worship to maintain the status quo that existed when India gained freedom on August 15, 1947.