Ashwini Upadhyay, a petitioner against the Places of Worship Act, 1991, calls the law “unconstitutional,” claiming it denies judicial access. He argues for restoring certain sites to their original state and emphasizes the need for proper investigations to determine a structure’s true identity. The Supreme Court recently directed that no new claims related to religious structures can be registered while addressing this matter.
New Delhi: Ashwini Upadhyay, a key petitioner in the legal challenge against the Places of Worship (Special Provisions) Act, 1991, has described the law as “unconstitutional,” asserting that it blocks judicial access and offers no alternative mechanisms for legal recourse.
“The law states that the religious character of a place cannot be altered. We agree with this principle, but historical facts show that the Mughals modified the religious character of certain places,”
Upadhyay said in an interview. He emphasized that his demand is solely for the restoration of these sites to their original character.
Using an analogy, he explained the importance of investigations:
“Right now, I am in the Supreme Court dressed in black robes, resembling a lawyer. If I wear a tilak, I may appear Hindu; if I wear a cap, I may appear Muslim. My outward appearance can change, but determining my true character would require an investigation. Similarly, whether a structure is a temple or a mosque cannot be judged by its outward appearance alone. A survey is crucial to establish this.”
Upadhyay criticized the Act for denying access to the courts without providing an alternative tribunal or board, comparing it unfavorably to the Waqf Act, which establishes Waqf Tribunals for dispute resolution.
“No law should obstruct access to the courts. The Places of Worship Act bars such access without providing any alternative tribunal or board, making it unconstitutional,”
he stated.
He also highlighted that the issue transcends religious identities and touches upon India’s sovereignty. “The opposing side argued for halting surveys at 18 sites across the country, but we opposed this since those supporting these sites have not even approached the court,” he noted.
On Thursday, the Supreme Court issued significant directions concerning cases related to existing religious structures. A bench comprising Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan ruled that no new suits could be registered on such claims while the court hears petitions challenging the Places of Worship Act.
“As the matter is sub-judice before this court, we deem it fit to direct that while suits may be filed, no suits will be registered, and proceedings will not commence until further orders of this court. In pending suits, courts will not issue any effective interim or final orders, including orders for surveys,”
the bench stated.
The Supreme Court was informed that 18 suits are pending nationwide against 10 mosques or shrines. The central government has been granted four weeks to file an affidavit responding to the petitions challenging provisions of the Act, which prohibits lawsuits seeking to reclaim places of worship or alter their character as of August 15, 1947.
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