Fresh plea filed in top court against places of worship act

NEW DELHI: A fresh petition has been filed in the Supreme Court against the validity of certain sections of the Places of Worship (Special Provisions) Act, 1991, saying that they violate constitutional provisions, including those related to equality before law and prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

According to the plea, filed by Mathura resident Devkinandan Thakur, the Centre has declared in the Act that the religious character of a place of worship and pilgrimage as it existed on August 15, 1947, shall continue and barred the remedy by way of the suit concerning such matter in any court. The petition has challenged the validity of sections 2, 3, and 4 of the 1991 Act, alleging that it takes away the right of judicial remedy of Hindus, Jains, Buddhists and Sikhs to take back their places of worship and pilgrimage.

“The injury caused to Hindus, Jains, Buddhists and Sikhs is extremely large because sections 2, 3, 4 of the Act has taken away the right to approach the court and thus right to judicial remedy has been closed,” said the plea, filed through advocate Ashutosh Dubey.

While section 3 of the Act deals with a bar of conversion of places of worship, section 4 pertains to the declaration as to the religious character of certain places of worship and the bar of jurisdiction of courts.

Several other pleas, including the one filed by BJP leader and advocate Ashwini Upadhyay, challenging the validity of certain provisions of the 1991 Act has already been filed in the apex court.

THE PETITION HAS CHALLENGED THE VALIDITY OF SECTIONS 2, 3, AND 4 OF THE 1991 ACT