Places of Worship Act essential to safeguard secularism, Congress tells Supreme Court

New Delhi: Contending that the Places of Worship Act (POWA) is essential to safeguard secularism in India, the Congress has approached the Supreme Court seeking permission to intervene in pending petitions challenging the constitutional validity of the Act.

In an intervention application, the party said the law was enacted by the Parliament, as it reflected the mandate of the Indian populace. 

"The POWA had been envisaged before 1991 and the same was made a part of the applicant’s then election manifesto for the Parliamentary elections," it said.

The 1991 law was enacted by the P V Narasimha Rao government at the height of the Ram temple movement. It was meant to protect the status of religious places as existed on August 15, 1947.

"Any alterations to it could jeopardise India's communal harmony and secular fabric thereby threatening the sovereignty and integrity of the nation," the party said in its application.

By the application, the Congress party sought to make 'crucial submissions' that support the outright dismissal of the petition filed by advocate Ashwini Kumar Upadhyay and others.
The party also maintained that the law was not in contravention of any fundamental rights enumerated in part III of the Constitution. 

"To the contrary, the POWA actualises the right to freedom of religion and principles of secularism enshrined in Articles 25, 26, 27 and 28 of the Constitution," it said.

On December 12, 2024, the apex court, while acting on a batch of pleas against the 1991 law, restrained all courts from entertaining fresh suits and passing any interim or final orders in pending cases seeking to reclaim religious places.

The apex court passed the order on petitions filed by NGOs Jamiat Ulama-I-Hind and the All India Muslim Personal Law Board for implementation of the 1991 law.

A batch of petitions, including the lead one filed by Upadhyay, challenged various provisions of the Places of Worship (Special Provisions) Act, 1991.