In a significant legal maneuver, the Indian National Congress has filed an intervention application in the Supreme Court to contest the challenges against the Places of Worship (Special Provisions) Act, 1991. The party, through its General Secretary KC Venugopal, described these challenges as “motivated and malicious attempts to undermine the established principles of secularism.”
The application stresses that the 1991 law, which preserves the status quo of religious structures as they existed on August 15, 1947, reflects the secular ethos of India and was enacted with broad support during the 10th Lok Sabha. This period saw Congress, together with the Janata Dal party, holding the majority, which further underscores the act’s significance as part of Congress’s long-standing commitment to protecting India’s secular identity.
The plea brought by Congress contends that the POWA (Places of Worship Act) does not violate any fundamental rights but instead upholds them under Articles 25, 26, 27, and 28, thereby lying within Parliament’s jurisdiction to enact. It cites the Supreme Court’s Ayodhya verdict to support its assertion that the Act aligns with the obligations of a secular state.
Further, the application argues against the petition’s claim that the POWA discriminates against specific religious communities. It points out that the Act treats all religious groups equally and inclusively defines “place of worship” to cover a wide range of religious sites, including temples, mosques, churches, gurudwaras, and monasteries.
Recently, a bench headed by Chief Justice Sanjiv Khanna took on a separate plea by AIMIM chief Asaduddin Owaisi, which calls for effective implementation of the 1991 law. Meanwhile, the Akhil Bhartiya Sant Samiti and several other parties, including the Gyanvapi Mosque Managing Committee and Maharashtra MLA Dr. Jitendra Satish Awhad, have filed interventions supporting the law, emphasizing its importance for communal harmony and religious coexistence.
In response to the suite of petitions, the Supreme Court has temporarily restrained all lower courts from processing fresh suits or issuing orders in pending cases that challenge the religious character of places as maintained since 1947. This sweeping judicial directive underscores the contentious nature of the debates surrounding the Places of Worship Act and its pivotal role in India’s secular framework.
