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.