New Delhi [India]: Ashwini Upadhyay, a key petitioner challenging the Places of Worship (Special Provisions) Act, 1991, described the legislation as “unconstitutional,” arguing that it blocks access to the courts without offering any alternative legal mechanism.
In a conversation with ANI, Upadhyay noted that while similar laws, such as the Waqf Act, limit access to courts, they provide alternatives like the Waqf Tribunal or Board.
“The law states that the religious character of a place cannot be altered. We agree with this principle, but historical facts show that the Mughals modified the religious character of certain places. Our demand is for the restoration of their original character,” he said.
Providing an analogy, Upadhyay added, “Right now, I am in the Supreme Court dressed in black robes, resembling a lawyer. If I wear a tilak, I may appear Hindu; if I wear a cap, I may appear Muslim. My outward appearance can change, but determining my true character would require an investigation. Similarly, whether a structure is a temple or a mosque cannot be judged by its outward appearance alone. A survey is crucial to establish this.”
He further asserted, “No law should obstruct access to the courts. The Places of Worship Act bars such access without providing any alternative tribunal or board, making it unconstitutional.”
Upadhyay emphasized that the issue is not confined to religious identities but pertains to the sovereignty of India. He opposed halting surveys at 18 sites across the country, arguing that those supporting the sites have not approached the court.
On Thursday, the Supreme Court restrained all courts across the country from issuing effective interim or final orders, including authorizations for surveys, in ongoing cases against existing religious structures.
A bench comprising Chief Justice of India Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan directed that no new suits could be registered regarding such claims while the court deliberates on petitions challenging the Places of Worship Act.
“As the matter is sub-judice before this court, we deem it fit to direct that while suits may be filed, no suits will be registered, and proceedings will not commence until further orders of this court. In pending suits, courts will not issue any effective interim or final orders, including orders for surveys,” the bench stated.
The court was informed that 18 suits are currently pending across the country involving 10 mosques or shrines.
The bench granted the central government four weeks to file an affidavit in response to petitions challenging provisions of the Act, which prohibit lawsuits to reclaim places of worship or alter their character as of August 15, 1947.