January 16, 2025 – In one of the important legal developments, Congress General Secretary KC Venugopal has moved an intervention application in the Supreme Court to uphold the constitutional validity of the Places of Worship (Special Provisions) Act, 1991. This argues for the party’s commitment to fostering communal harmony and preserving India’s secular fabric.
Background of the Act
The main aim of the Act was to keep the character of places of worship intact as they were on August 15, 1947. The Places of Worship Act was enacted in 1991. It is directed to create an atmosphere in which the conversion of any place of worship, the other is always embroiled in communal tussles arising out of ancient disputes relating to various religious places.
It might be noted that at the point of its enactment, this Act did not cover the Ram Janmabhoomi-Babri Masjid site in Ayodhya, which was already litigious.
Challenge to the Act
The Act was challenged through public-interest litigation (PIL) filed by Ashwini Kumar Upadhyay, a BJP leader. In the petition, Upadhyay contended that the law discriminated between the Hindu, Sikh, Jain, and Buddhist communities by “freezing” the character of places of worship as on August 15, 1947, thus preventing these communities from reclaiming sites altered during historical invasions.
The petitioners further argued that the retrospective cut-off date was based on “arbitrary” considerations and violated fundamental rights of freedom of religion and equality.
Congress’s Intervention
In response to the challenge, the Congress party, through KC Venugopal, sought to intervene in the ongoing proceedings to defend the Act. It emphasizes that the legislation of 1991 is important for national harmony and against the secular fabric of the country.
If the status of religious places is changed, the disputes over such sites may be revived, leading to social unrest and weakening the unity of the nation.
Venugopal has pointed out that the legislation provides protection against the politicizing of religious issues and the historical injustices subsequently being leveraged to achieve present political gains.
Keeping the sanctity of the religious character of places of worship on the eve of independence, this act establishes an atmosphere of respect toward each other and cohabitation among different religious communities.
Legal and Political Implications
The challenge to the Constitutionality of the Places of Worship Act that has been accepted by the Supreme Court implies a range of serious legal and political consequences. Keeping the Act would escalate the credibility of the secular model of the state and, indirectly, curb tension between religious communities.
If the Act were struck down or changed for any reason, it would bring torrential litigation on various places of worship all over the country, in consequence causing chaos in a very delicate communal situation.
The fact that the Congress party has taken the initiative to defend the act testify to its general political strategy of putting itself forth as a champion of secular values and a bulwark against what it regards the BJP’s majoritarian theory.
The Congress party by entering into the Supreme Court is keen to show, perhaps, its consideration of protecting minorities and halting any efforts to communalize any sensitive subjects in Indian history.
The country stands in suspense as the Supreme Court examines the constitutional sanctioning of the 1991 Places of Worship (Special Provisions) Act. This legal disagreement could have profound interpretations for the whole secularism of India and for the ascension of intercommunal relations in India.
The intervention made by K. C. Venugopal on behalf of the Congress party signifies the seriousness of the high stakes in this defining moment and reaffirms secularism and intercommunal peace as treasured national beliefs.
