Saints' body moves SC, seeks intervention in Places of Worship Act over violation of fundamental rights

NEW DELHI: The Akhil Bhartiya Sant Samiti on Monday moved the Supreme Court seeking intervention in cases challenging the validity of provisions in the Places of Worship Act, 1991, that mandates the maintenance of the religious character of places as it existed on August 15, 1947.

The plea challenges Section 3 and 4 of the Act, contending that they infringe upon several fundamental rights, including the right to equality and the freedom to practice religion.

"The Act prevents judicial review which is one of the fundamental aspects of the Constitution therefore violates the basic structure of the Constitution of India," it said.

The application claimed that these provisions legitimized places of worship established by "barbaric invaders," while violating the rights of Hindus, Jains, Buddhists, and Sikhs to reclaim and restore their sacred sites.

The apex court is hearing six petitions challenging various provisions of the Places of Worship (Special Provisions) Act, 1991, along with several intervention pleas from Muslim organizations advocating for the law's effective implementation.

SC on January 2 agreed to examine a new plea from AIMIM chief Asaduddin Owaisi, calling for the effective implementation of the 1991 Act. The court ordered the plea to be consolidated with the pending cases on the issue and scheduled the next hearing for February 17.

Additionally, in its December 12, 2024 order, the court halted proceedings in around 18 lawsuits filed by various Hindu parties, seeking surveys to determine the original religious character of 10 mosques, including the Gyanvapi in Varanasi, Shahi Idgah Masjid in Mathura, and Shahi Jama Masjid in Sambhal, where clashes had recently led to the deaths of four individuals.