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Congress files petition before Supreme Court in support of Places of Worship Act, BJP slams party for waging ‘open war against Hindus’

The BJP has historically opposed the Places of Worship Act since it was enacted by the then-Narasimha Rao government amidst the Ram Janmabhoomi movement.

On 17th January, the Bharatiya Janata Party (BJP) sharply criticised Congress for submitting a plea in the Supreme Court in support of the Places of Worship (Special Provisions) Act, 1991. The BJP has accused the Congress party of declaring “open war against Hindus”. In a post on the social media platform X, BJP’s IT Cell Chief Amit Malviya likened Congress to the “new Muslim League”.

In his post, Malviya said, “The Congress consented to India’s partition along religious lines. Following this, it introduced the Waqf law, enabling Muslims to claim properties at will and establish mini-Pakistans across the country. It later enacted the Places of Worship Act, 1991, effectively denying Hindus the right to reclaim their historical and religious sites. Now, the Congress has approached the Supreme Court, seeking to deny Hindus their fundamental constitutional right to legal remedies for addressing historical injustices. It has urged the top court to dismiss petitions challenging the Places of Worship Act, 1991, under the pretext of ‘safeguarding secularism’. The Congress has declared open war against Hindus. It is the new Muslim League.”

BJP’s opposition to the 1991 Act

Notably, the BJP has historically opposed the Places of Worship Act since it was enacted by the then-Narasimha Rao government amidst the Ram Janmabhoomi movement. The Act states that the character of places of worship as they existed on 15th August 1947 is to be frozen, except for the Ram Janmabhoomi site in Ayodhya. Malviya said that the plea submitted by Congress in the apex court denies Hindus their “fundamental constitutional right to legal remedies for addressing historical injustices.” He further accused Congress of pushing its agenda under the guise of “safeguarding secularism”.

The petitions against the Act

The Supreme Court is hearing petitions challenging the Act. The petitions argue that the Act violates constitutional rights, including Articles 14, 15, 25, 26, and 29. Furthermore, the petitioners have contended that sites like Gyanvapi in Varanasi, Shahi Eidgah in Mathura, and others were built over Hindu religious sites, namely the Kashi Vishwanath Mandir and Lord Krishna’s birthplace, respectively. The petitions have the support of the Sangh Parivar (Rashtriya Swayamsevak Sangh or the RSS).

Congress, however, insisted in its plea that the Act is vital to preserving secularism and ensuring communal harmony. The grand old party has claimed that if the Act is repealed, it could lead to social unrest.

The BJP openly opposing Congress’s move to save the Act marks a significant reiteration of the BJP’s opposition to the legislation. Interestingly, the party has taken this stance against the Act at a time when RSS chief Mohan Bhagwat has faced severe criticism after he cautioned against “looking for temples under every mosque”. His views were in stark contrast to the stance taken by prominent Hindu leaders.

Malviya linked Congress’s current stance on the Act to its historical actions and accused the party of enabling the Partition of the country along religious lines, introducing Waqf laws, and enacting legislation that prioritised Muslim interests over those of Hindus.

Congress claims the Act is essential for ‘secularism’

In the intervention plea filed by Congress leader KC Venugopal on 6th January 2025, the party sought strict implementation of one of the provisions of the Places of Worship Act (POWA) which prohibits lawsuits to reclaim a place of worship or to change its character from what it was on 15th August 1947. The party claimed that the enactment of the Places of Worship Act in 1991 reflected the mandate of the Indian voters as it was envisaged in the Congress party’s election manifesto.

The party further contended that the Places of Worship Act safeguards ‘secularism’ in India and that the challenge to its constitutional validity is a “malicious attempt” to undermine secularism. “The POWA is essential to safeguard secularism in India and the present challenge appears to be a motivated and malicious attempt to undermine established principles of secularism,” Congress said in its intervention plea.

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