MLA Jitendra Awhad Approaches Supreme Court Supporting Places Of Worship Act, Says It Fosters National Unity

LIVELAW NEWS NETWORK

10 Dec 2024 5:42 AM

  • MLA Jitendra Awhad Approaches Supreme Court Supporting Places Of Worship Act, Says It Fosters National Unity

    Dr. Jitendra Satish Awhad, a Member of Legislative Assembly in Maharashtra from Mumbra-Kalwa), has sought to intervene in the Supreme Court proceedings challenging the Places of Worship (Special Provisions) Act, 1991.Emphasising the Act's critical role in preserving secularism, fostering communal harmony, and preventing tensions that could disrupt national unity, the MLA belonging to...

    Dr. Jitendra Satish Awhad, a Member of Legislative Assembly in Maharashtra from Mumbra-Kalwa), has sought to intervene in the Supreme Court proceedings challenging the Places of Worship (Special Provisions) Act, 1991.

    Emphasising the Act's critical role in preserving secularism, fostering communal harmony, and preventing tensions that could disrupt national unity, the MLA belonging to NCP(Sharad Pawar) supported the constitutionality of the legislation.

    Drawing from his constituency's history, Dr. Awhad noted that Mumbra-Kalwa became a refuge for those displaced by the 1992-93 Bombay riots, leading to social and physical divides. He highlighted the ongoing efforts to rebuild trust and unity among communities in the region and warned that any dilution of the Act could undermine these strides toward peace. 

    "..in the immediate aftermath of independence, India faced significant religious and communal strife, exacerbated by historical disputes over religious sites. The Act reflects Parliament's considered response to these concerns, seeking to stabilize and promote national cohesion by preventing disputes that could disrupt public order and communal harmony. There exists a clear and reasonable nexus between the Act's prohibition on altering the religious character of places of worship and its overarching objective of fostering national unity and integrity."

    The application has been filed through AoR Anas Tanwir and drawn by Advocates Neha Singh and Ebad Ur Rahman. Recently, the Communist Party of India (Marxist) also intervened in the matter, supporting the Act.

    A special bench comprising CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan is scheduled to hear the matter on December 12.

    The lead petition (Ashwini Kumar Upadhyay v. Union of India) was filed in 2020, and the Court issued notice to the Union Government in March 2021.

    Later, a few other similar petitions(Vishwa Bhadra Pujari Purohit Mahasangh v. UOI and Dr. Subhramanian Swamy And Ors v. UOI ) were also filed challenging the statute, which seeks to preserve the status quo with respect to religious structures as they stood on August 15, 1947, and prohibits legal proceedings seeking their conversion.

    The Union Government has yet to file its counter-affidavit in the matter, despite the several extension times given by the Supreme Court. On July 11, 2023, the Court asked the Union to file the counter by October 31, 2023.

    The Managing Committee of the Gyanvapi Mosque has filed an intervention before the Supreme Court in the pleas challenging the validity of the Places of Worship Act 1991. It said that the consequences of the declaration sought by the petitioner that the Act was unconstitutional "are bound to be drastic."



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