In the context of the controversy over a Shivalinga-like structure discovered in the Gyanvapi mosque, attempts to challenge the Places of Worship (Special Provisions) Act, 1991 have arisen. Devkinandan Thakur, a Hindu guru from Mathura, is the latest to bring his case to the Supreme Court. In his appeal, he claims that key portions of the 1991 statute infringe religious groups’ rights to seek judicial intervention to restore their houses of worship.
The 1991 law, passed by the then-Congress government, protects a religious site’s character as it existed on August 15, 1947. According to the petition, the Centre has “exercised its legislative power” by prohibiting judicial review, which is a fundamental aspect of the Constitution. Thakur’s petition particularly questions the legality of Sections 2, 3, and 4 of the act.
“The injury to Hindus, Jains, Buddhists, and Sikhs is extremely large because sections 2, 3, and 4 of the Act have taken away the ability to approach the court, thus closing the recourse to a judicial remedy,” the petition stated. While Section 3 of the Act prohibits the conversion of houses of worship, Section 4 prohibits the declaration of the religious character of some places of worship as well as the exercise of judicial jurisdiction over those places of worship.
“The Hindus are struggling for the restoration of Lord Krishna’s birthplace, yet the Centre has excluded Lord Ram’s birthplace in Ayodhya but not Lord Krishna’s birthplace in Mathura, even though the fact that both are avatars of Lord Vishnu,” it said.
Several other petitions in the Supreme Court challenging the 1991 legislation have already been filed. BJP leader Ashwini Upadhyay filed a complaint against the Act in March 2021. A Hindu group has already filed a similar petition in June 2020.
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