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What is Places of Worship Act(1991)?

Passed in 1991 by the Narsimha govt, section 4 of this act


says that except in the Ayodhya case, the status quo of
Temples and other worshiping areas will be maintained as
on August 15, 194y. No courts or tribunals can entertain
cases on status of any religious place.

In plain English, it means Hindus can no longer challenge


the existence of a mosque built over a destroyed Hindu
temple. No Kashi, No Mathura, no other 3000 cases, in the
least.
Disappointing, isn't it?

But there's hope still. Dr Swamy has written to the PM,


asking for invocation of Art 25 & 26 (Fundamental right to
pray) to repeal the Places of Worship Act in the parliament.

He writes :

“I write this letter to seek your direction to the Ministry of


Law to effect an amendment to The Places of Worship
(Special Provisions) Act, 1991 and in particular Section 4
which is offensive and ultra vires of my fundamental rights
under Article 25 and 26 of the Constitution.

This Act was enacted by the Congress Government headed


by Mr. Narasimha Rao. Fundamental Rights cannot be
amended or modified by the Parliament or by any law
passed by Parliament. It cannot have the overriding effect
of extinguishing my fundamental right of freedom of
worship under Article 25 and 26 as also faith enshrined in
the Preamble of the Constitution.

This makes it a part of the Basic Structure of the


Constitution. Hence the Ministry of Law should bring an
amendment to this Act starting that it is not applicable to
those religious institutions where the question of
fundamental right and faith is claimed. I shall seek an
appointment with the Law Minister Mr. Ravi Shankar Prasad
to explain in detail this matter. I seek your intervention and
appropriate direction to the Ministry of Law and Justice,” .

If the govt acts on his advice, it will pave way for another
milestone in ending centuries of humiliation meted out to
us via desecration of our places of faith.
 

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