The Indian National Congress has approached the Supreme Court by filing an intervention application in response to the Public Interest Litigation (PIL) submitted by BJP leader and lawyer Ashwini Kumar Upadhyay. This PIL challenges the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. The Congress aims to oppose the petitions seeking amendments or annulment of the Act’s provisions, reinforcing its stance on the preservation of the law.
The application emphasizes that the Places of Worship (Special Provisions) Act, 1991, is a crucial legislative measure to uphold and protect the secular fabric of India. It argues that any challenge to the Act is not only unwarranted but also appears to be a deliberate and malicious effort to destabilize and undermine the well-established principles of secularism enshrined in the Constitution. The application further contends that such attempts could have far-reaching implications for communal harmony and social stability in the country.
“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 political party said in the application in an attempt to point out the malicious pro-religion motives of the PIL.
The Congress further stated its unwavering commitment to the principles of secularism, which are enshrined in the Constitution of India as a fundamental feature. The party highlighted its pivotal role in enacting the Places of Worship (Special Provisions) Act, 1991, during a period when it held a majority in the Lok Sabha in collaboration with the Janata Dal party. This legislative measure, according to the Congress, reflects its dedication to preserving India’s secular ethos and ensuring harmony among diverse communities
“Since the Applicant, through its elected members were responsible for the introduction and passage of the POWA 1991, the applicant may be allowed to intervene and defend the legal validity of the passage of the POWA” pleaded the party in the petition.
The Congress has asserted that the Places of Worship Act is crucial for maintaining communal harmony and fostering amicable relations among all communities in the country. It further alleged that Ashwini Kumar Upadhyay's petition challenging the Act has been filed with ulterior and questionable intentions.
“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 application contends.
The Congress has expressed concerns that any modifications to the Places of Worship Act could endanger India’s communal harmony, secular fabric, and potentially compromise the nation’s sovereignty and integrity. Similarly, the Jamiat Ulama-i-Hind previously approached the Supreme Court, seeking to be added as a party to Ashwini Kumar Upadhyay’s petition. Additionally, AIMIM leader Asaduddin Owaisi has also moved the Supreme Court, advocating for the strict implementation of the Act to uphold its objectives.
In December 2024, the Supreme Court instructed trial courts to avoid passing any substantive orders or conducting surveys of existing religious structures in cases disputing their religious character, until the resolution of the challenge to the Places of Worship Act.
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