Shivani Thakur
Published on: May 30, 2022, at 17:44 IST
Another Plea challenging the Constitutional Validity of certain sections of the Places of Worship (Special Provisions) Act 1991 was filed in the Supreme Court saying that the said Act violates the principles of secularism.
Devkinandan Thakur, has challenged the constitutional validity of Sections 2, 3, & 4 of the Places of Worship (Special Provisions) Act 1991, saying that it offends Articles 14, 15, 21, 25, 26, 29 of the Indian constitution & violates the principles of secularism & the rule of law, which is an integral part of the Preamble & basic structure of the Constitution.
“Hindus are fighting for the restoration of the birthplace of Lord Krishna for hundreds of years with peaceful public agitation, but by enacting the Act, the Centre has excluded the birthplace of Lord Ram at Ayodhya but not the birthplace of Lord Krishna in Mathura, though both are the incarnations of Lord Vishnu-the creator”, Petition said.
“The Places of Worship Act 1991 is void & unconstitutional for many reason.”
It added that “The Act infringes on the rights of Hindus, Jains, Buddhists, & Sikhs to manage, maintain & administer the places of worship & pilgrimage (Article 26)”.
Adding further, it read that,
“It also takes away the right of judicial remedy of Hindus, Jains, Buddhists, Sikhs to take back their places of worship & pilgrimage & the property which belongs to the deity.”
According to the Plea, the Act further deprives Hindus, Jains, Buddhists, & Sikhs to take back their places of worship & pilgrimage connected with their cultural heritage (Article 29) & also restricts Hindus, Jains, Buddhists, & Sikhs to restore their possession of places of worship & pilgrimage but allows Muslims to claim under the Section 107 of the Waqf Act.
“The Act legalizes barbarian acts of invaders. It violates the Doctrine of Hindu law that ‘Temple property is never lost even if enjoyed by strangers for years & even the king cannot take away property as the deity is the embodiment of God & is juristic person, represents ‘Infinite the timeless’ & cannot be confined by the shackles of time.”
“It is respectfully submitted that the Central Government by making impugned provision (Places of Worship Act 1991) in the year of 1991 has created arbitrary irrational retrospective cutoff date & declared that the character of places of worship & pilgrimage shall be maintained as it was on August 15, 1947, & no suit or proceeding shall lie in the court in respect of the dispute against encroachment done by barbaric fundamentalist invaders & such proceeding shall stand abated,” the petition said.
The pleas sought direction to declare that Section 2, 3 & 4 of the Places of Worship (Special Provisions) Act, 1991 “void & unconstitutional.”