Contemporary plea in SC challenges validity of sections of Locations of Worship Act



A recent petition has been filed within the Supreme Court docket difficult the validity of sure sections of the Locations of Worship (Particular Provisions) Act, 1991, alleging that they violate constitutional provisions, together with these associated to equality earlier than regulation and prohibition of discrimination on grounds of faith, race, caste, intercourse or fatherland. The plea stated that by the Act, the Centre has declared that spiritual character of a spot of worship and pilgrimage because it existed on August 15, 1947 shall proceed and barred the treatment by the use of go well with with respect to such matter in any courtroom.
The petition, filed by Mathura-resident Devkinandan Thakur, has challenged the validity of sections 2, 3, 4 of the 1991 Act claiming that it takes away proper of judicial treatment of Hindus, Jains, Buddhists and Sikhs to take again their locations of worship and pilgrimage and property which belong to the deity.
“The damage brought about to Hindus, Jains, Buddhists and Sikhs is extraordinarily giant as a result of sections 2, 3, 4 of the Act has taken away the proper to strategy the courtroom and thus proper to judicial treatment has been closed,” stated the plea, filed via advocate Ashutosh Dubey.
Whereas part 3 of the Act offers with bar of conversion of locations of worship, part 4 pertains to declaration as to the spiritual character of sure locations of worship and bar of jurisdiction of courts.
The plea alleged that the Centre has ‘transgressed its legislative energy’ by barring treatment of judicial overview which is a fundamental function of the Structure.
“Hindus are combating for restoration of birthplace of Lord Krishna from a whole lot of years and peaceable public agitation continues however whereas enacting the Act, the Centre has excluded the birthplace of Lord Ram at Ayodhya however not the birthplace of Lord Krishna in Mathura, although each are the incarnations of Lord Vishnu, the creator,” it stated.
The plea alleged that the Act is ‘void and unconstitutional’ for a lot of causes and it infringes on the rights of Hindus, Jains, Buddhists and Sikhs to handle, preserve and administer the locations of worship and pilgrimage.
 
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