In its application, filed through General Secretary K C Venugopal, the Congress asserts that the Act "is essential to safeguard secularism in India," a fundamental feature of the Constitution. The party contends that any alterations to the Act could jeopardize communal harmony and threaten the nation's integrity.
The Places of Worship Act was enacted in 1991 to prohibit the conversion of any place of worship and to maintain its religious character as it existed on August 15, 1947. This legislation aims to preserve the status quo of religious structures and prevent communal conflicts arising from historical disputes.
Petitions challenging the Act argue that it infringes upon fundamental rights, including the right to practice and propagate religion. Petitioners claim that the Act restricts the rights of certain communities by preventing them from reclaiming places of worship that were allegedly altered or demolished during historical invasions.
The Congress, however, refutes these claims, stating that the Act does not contravene any fundamental rights. Instead, it actualizes the right to freedom of religion and upholds secularism as enshrined in Articles 25 to 28 of the Constitution. The party further argues that the Act applies equally to all religious communities, promoting equality and preventing preferential treatment.
Legal experts note that the Supreme Court has, in previous judgments, upheld the importance of focusing on the future rather than attempting to rectify historical wrongs. In the landmark Ayodhya verdict, the court emphasized the need to preserve communal harmony and the secular nature of the Indian state.
The government's stance on the current petitions remains undisclosed, as it has sought additional time to present its position before the court. The delay has led to various interpretations and speculations regarding the government's perspective on the Act and its implications for communal harmony.