'Places Of Worship Act Crucial To Maintain Communal Harmony' : CPI(M) Seeks To Intervene In Supreme Court Plea Against 1991 Act

The Communist Party of India (Marxist), represented by Mr. Prakash Karat, Member Politburo, has filed an Intervention Application in the Supreme Court opposing the petitions which challenge the constitutionality of the Places of Worship Act, 1991.In its application, the CPI(M) stated that the Act has an important role in preserving India's secular fabric by prohibiting the alteration of the religious character of places of worship as it stood on August 15, 1947.It emphasized that the Act is crucial for maintaining communal harmony and preventing conflicts that may arise from historical disputes.The CPI(M) argued that the Act upholds the fundamental rights guaranteed under Articles 14, 15, 21, and 25 of the Constitution, ensuring equality, non-discrimination, and freedom of religion for all citizens. The CPI(M) stated that any attempt to repeal or alter the Act would pose a significant threat to these principles. The application has been filed through AoR Anas Tanwir.A special bench comprising CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan is scheduled to hear the matter on December 12.Referring to the recent cases filed against Sambhal Mosque and Ajmer Dargah, the CPI(M) said, "the alarming proliferation of litigation challenging the religious character of various places of worship across the country, including Mosques and Dargahs, intends to destabilize the legislative intent and constitutional mandate enshrined in the Act. This relentless wave of litigation threatens to undermine the principles of secularism and the rule of law, which are foundational to the basic structure of the Constitution."The lead petition (Ashwini Kumar Upadhyay v. Union of India) was filed in 2020, and the Court issued notice to the Union Government in March 2021.Later, a few other similar petitions(Vishwa Bhadra Pujari Purohit Mahasangh v. UOI and Dr. Subhramanian Swamy And Ors v. UOI ) were also filed challenging the statute, which seeks to preserve the status quo with respect to religious structures as they stood on August 15, 1947, and prohibits legal proceedings seeking their conversion.The Union Government has yet to file its counter-affidavit in the matter, despite the several extension times given by the Supreme Court. On July 11, 2023, the Court asked the Union to file the counter by October 31, 2023.The Managing Committee of the Gyanvapi Mosque has filed an intervention before the Supreme Court in the pleas challenging the validity of the Places of Worship Act 1991. It said that the consequences of the declaration sought by the petitioner that the Act was unconstitutional "are bound to be drastic."Case Details: Ashwini Kumar Upadhyay v. Union of India., W.P. (C) No. 1246.2020 & Vishwa Bhadra Pujari Purohit Mahasangh v. UOI, W.P. (C) No.559/2020 and Dr. Subhramanian Swamy And Ors v. UOI., W.P. (C) No.619/2020

'Places Of Worship Act Crucial To Maintain Communal Harmony' : CPI(M) Seeks To Intervene In Supreme Court Plea Against 1991 Act

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