Petition in the Supreme Court challenging validity of certain Sections of Places of Worship Act   

Supreme Court

New Delhi – The Places of Worship Act 1991 came into the public glare because of the Gyanvapi Mosque issue; a former BJP MP has moved the Supreme Court challenging the validity of certain Sections of the Places of Worship (Special Provisions) Act, 1991. The plea filed by Chintamani Malviya challenged the constitutional validity of Sections 2, 3, and 4 of the 1991 Act, claiming that they violate the principles of secularism and fundamental rights.  Hence, the Court should order these Sections to be unconstitutional.

Several other pleas, including one filed by advocate Ashwini Upadhyay, challenging the validity of certain provisions of the 1991 Act have already been filed in the Apex Court. This law was enacted in 1991 during the rule of Prime Minister PV Narasimha Rao for the protection of religious places. In it was stated that the nature of the Temples, Mosques, Muth, Church, and Gurudwara will not be changed from what it was before 15th August 1947. Punishment for those who change nature is enshrined in the Act. And through Section 49 the States are empowered to protect these religious spaces.