Monday, February 17, 2025

Congress Moves To Supreme Court In Support of Place of Worship Act!

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The Congress party has moved to the Supreme Court in support of the ‘place of worship act (PoWA).’ It has filed an intervention application seeking opposition to the ongoing petitions, challenging the PoWA. Reportedly with this, the Congress has joined forces with the opposition parties like DMK and AIMIM, in seeking strict enforcement of the act. The PoWA enacted in 1991, basically prohibits filing lawsuits to reclaim places of worship or any altercations in its religious character from what it was at the time of Independence.

Act ‘Essential to Safeguard Secularism’..

In its intervention application, the Congress party called the challenge to PoWA as “a motivated and malicious attempt to undermine established principles of secularism.” It stressed that the Act is “essential to safeguard secularism in India.”

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The party seeks to intervene in the litigation initiated by Ashwini Kumar Upadhyay, former MP Subramanian Swamy and other Hindu organisation, challenging the validity of PoWA. Congress’s intervention application filed through party general secretary K.C Venugopal, seeks the outright dismissal of their petitions.

A ‘Mandate of Populace’..

The Congress in its plea states that the SC ” has on multiple occasions held that the focus of the nation must be towards the future and not at attempting to rectify the atrocities of the past.” It further said, “At the time of the passing of the Act, the Congress party along with the Janata Dal party that were in the majority in the legislature for the 10th Lok Sabha.” It further said that it was the parliament which enacted the Act. Thereby, reflecting the mandate of the populace.

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Not Violative of Fundamental Rights

Opposing the petition challenging the act, the application said that it act in fact protects the right to freedom of religion and secularism. In its plea Congress asserted that the contention that PoWA is violative of Article 25 is incorrect. It pointed out that the apex court had itself said in the Ayodhya verdict that the Act is ‘intrinsically related to the obligations of a secular State.’

Defends Act For Communal Harmony

Congress further the highlighted the significance of the PoWA and said that any altercations in it would jeopardise communal harmony. The plea states, “The INC apprehends that any alterations to the law could jeopardise India’s communal harmony and secular fabric, thereby threatening the sovereignty and integrity of the nation.”

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Earlier, while hearing the petitions challenging the act, the Supreme court had on December 12, 2024, barred all civil courts from registering fresh cases challenging the place of worship act until further orders.

 

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