A petition difficult the constitutional validity of sure provisions of the Locations of Worship (Particular Provisions) Act 1991 was filed earlier than the Supreme Courtroom on Wednesday. The petitioner claimed that the Act “barefacedly violates the ideas of secularism and rule of regulation”.

Whereas difficult Sections 2, 3, and 4 of the Locations of Worship (Particular Provisions) Act 1991, petitioner Swami Jeetendranand Saraswati argued that the stated provisions goes in opposition to the ideas of secularism and violates a number of basic rights corresponding to Articles 14, 15, 21, 25, 26, 29 of the Structure.

The Locations of Worship Act has taken centre stage as a number of instances concerning the ‘mandir vs masjid’ row, notably in Varanasi and Mathura, are being fought in a number of courts throughout the nation.

Part 4(1) of the Act is aimed toward defending the non secular identification and character of locations of worship because it existed on the time of India’s Independence on August 15, 1947. Ram Mandir web site in Ayodhya was one of many notable exceptions within the regulation that was handed by the Parliament again in 1991. Part 3 of the Act states that any non secular place or part of it can’t be transformed to a unique faith and even, a separate denomination throughout the identical faith.

Part 4(2) of the Act clearly states that no appeals, fits or any authorized proceedings shall be entertained from the time the Act got here into impact. Recent instances may solely be filed if the non secular character of anyplace of worship was modified after August 15, 1947 deadline. The Act additionally directed the State to keep up the non secular nature of all websites of worship because it existed on August 15, 1947. The Act additionally imposed a penalty that features jail time period of as much as 3 years together with a tremendous.

The petitioner stated that the stated sections have taken away the suitable of the Hindus, Buddhists, Jains and Sikhs to strategy the judiciary.

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