The Congress party, represented by senior leader KC Venugopal, has filed a petition in the Supreme Court to defend the Places of Worship (Special Provisions) Act, 1991. The Act, passed during the Congress-led United Progressive Alliance (UPA) government, aims to maintain the religious character of places of worship as they existed on August 15, 1947.
NEW DELHI: Today(16th Jan):The Indian National Congress has filed a petition in the Supreme Court to oppose challenges against the Places of Worship (Special Provisions) Act, 1991 (POWA).
These challenges have been raised through a Public Interest Litigation (PIL) by BJP leader and lawyer Ashwini Kumar Upadhyay, questioning the constitutional validity of the Act.
The Congress party, represented by senior leader KC Venugopal, has filed a petition in the Supreme Court to defend the Places of Worship (Special Provisions) Act, 1991. The Act, passed during the Congress-led United Progressive Alliance (UPA) government, aims to maintain the religious character of places of worship as they existed on August 15, 1947.
Back in 1991, the then Home Minister, SB Chavan, highlighted concerns over “an alarming rise of intolerance propagated by certain sections for their narrow (and) vested interests” while introducing the bill in Parliament.
The Congress filed an intervention application in the matter, emphasizing the importance of the Act to maintain India’s secular character.
“The Applicant seeks to intervene in this matter to emphasize the constitutional and societal significance of the POWA, as it apprehends that any alterations to it could jeopardize India’s communal harmony and secular fabric thereby threatening the sovereignty and integrity of the nation,” the party stated in its application.
The Congress also highlighted its historical role in introducing and passing the Places of Worship Act when it had a majority in the Lok Sabha along with the Janata Dal party.
The party reiterated its commitment to secularism and said, “Since the Applicant, through its elected members were responsible for the introduction and passage of the POWA, the applicant may be allowed to intervene and defend the legal validity of the passage of the POWA.”
According to the Congress, the Act is critical for maintaining communal harmony in India. The party alleged that the petition filed by Upadhyay has “oblique and questionable motives” aimed at undermining secular values.
Countering claims made by the PIL, the application clarified that the Places of Worship Act is fair to all religious communities.
“The present petition also erroneously states that the POWA is discriminatory as it is applicable only towards members of the Hindu, Sikh, Jain and Buddhist communities. A bare perusal of the POWA shows that it promotes equality amongst all religious groups and does not accord special treatment towards specific communities as alleged by the Petitioner. It is equally applicable towards places of worship of all religious groups and ascertains and affixes their nature as on 15.08.1947,”
the party contended.
The Congress described the challenge to the Act as a “motivated and malicious attempt to undermine established principles of secularism.” It warned that any changes to the law could “jeopardize India’s communal harmony and secular fabric, and may threaten the sovereignty and integrity of the nation.”
Now, 33 years later, the Congress has joined forces with other opposition parties, including Tamil Nadu’s ruling Dravida Munnetra Kazhagam (DMK), to seek the enforcement of a key provision of the Act. This provision prohibits filing lawsuits to reclaim places of worship or alter their religious character from what it was at the time of independence.
The Jamiat Ulama-I-Hind and All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) leader Asaduddin Owaisi have also approached the Supreme Court in support of the Act. Owaisi is pushing for its strict implementation.
In December 2024, the Supreme Court directed lower courts to avoid issuing substantial orders or conducting surveys on religious structures until the case challenging the Act is resolved.
The Supreme Court is currently hearing six petitions challenging the Act, including one filed by lawyer and BJP leader Ashwini Kumar Upadhyay. These petitions seek to strike down three key sections of the Act, including the one prohibiting the conversion of a place of worship to a different faith.
In November 2024, Solicitor General Tushar Mehta, representing the government, informed the court that a detailed affidavit would be submitted to address the various aspects of the case. He requested additional time, explaining that the document needed to be carefully reviewed at multiple levels of governance.
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