Published on: 11 July 2023 at 16:55 IST
The Supreme Court has given the Centre a three-month extension to file its response to a series of petitions contesting certain provisions of the Places of Worship (Special Provision) Act, 1991. These provisions prevent the filing of lawsuits to reclaim places of worship or seek changes in their character from what existed on August 15, 1947.
The bench, consisting of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra, granted the Centre’s request for additional time to submit an affidavit. Previously, the Centre had sought adjournments on multiple occasions to file the affidavit. The petitions, filed by various individuals and organizations including Subramanian Swamy, challenge the Act, claiming that it curtails the rights of Hindus, Jains, Buddhists, and Sikhs to restore their places of worship and pilgrimage sites that were destroyed by invaders.
The Act prohibits the conversion of places of worship and restricts legal proceedings related to their religious character. The petitioners argue that these provisions violate secular principles and the rule of law, as well as infringe upon the rights guaranteed under the Indian Constitution. Sections 2, 3, and 4 of the Act are specifically challenged for their alleged unconstitutional nature. The Act is accused of depriving these communities of owning or acquiring religious properties and hindering their ability to reclaim their places of worship and pilgrimage sites, while allowing Muslims to make claims under the Waqf Act.
The petitioners contend that the Act sets an arbitrary and retrospective cutoff date, disregarding the encroachment on these sites by fundamentalist invaders.
