Subramanian Swamy urges for Amendments in the Places of Worship Act of 1991. Says the Act is against Fundamental Right of Freedom of Worship

Swamy lays out a persuasive argument on why the 1991 Places of Worship Act must be amended, in his letter to PM Modi

Swamy lays out a persuasive argument on why the 1991 Places of Worship Act must be amended, in his letter to PM Modi
Swamy lays out a persuasive argument on why the 1991 Places of Worship Act must be amended, in his letter to PM Modi

Senior Bharatiya Janata Party (BJP) leader Subramanian Swamy urged Prime Minister Narendra Modi to bring amendments in the Places of Worship Act 1991, citing that certain provisions in the Act is against the spirit of Fundamental Right of Freedom of Worship, enshrined in the Constitution of India. In his letter, Swamy pointed out that Section 4 of the Places of Worship Act must be amended as it is ultra vires of the Right to Worship.

The Places of Worship Act passed by Narasimha Rao’s Government in September 1991 was brought in context to control the Sangh Parivar’s widespread movement for the Ram Mandir in Ayodhya. Section 4 of the Act says that except in the Ayodhya case, the status quo of Temples and other worshiping areas will be maintained as on August 15, 1947, the day India attained Independence. As per this Act, no courts or tribunals can entertain cases on Temples and worshiping areas character and rights over it. This Act was enacted to prevent Sangh Parivar which has already sought the liberation of Kashi Vishwanath Temple and Mathura Sri Krishna Temple partially destroyed by Aurangzeb and Masjids were constructed on them.

As the Ayodhya case had already in the Courts, the Government exempted it from controversial Places of Worship Act of 1991. The recent verdict of the Ayodhya case also gives details about this Act.

“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,” said Subramanian Swamy in his letter to Prime Minister Narendra Modi.

Subramanian Swamy’s letter to Prime Minister for bringing amendments in the Places of Worship Act 1991 is published below:

Swamy letter to Modi
Swamy letter to Modi

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6 COMMENTS

  1. The Uttarakhand government has decided to set up a Charm Dham shrine board to manage over 50 temples located in the state, including the four holy shrines – Badrinath, Kedarnath, Gangotri and Yamunotri. The decision was taken in a state cabinet meeting on Wednesday.

    This was the news last week. Try and publish some details of the same. This government seems to be intent upon destroying the economic sources of majority community. If they lose power tomorrow, who will be controlling temples and their monies?

    • I tell you… Bjp is a hindutva party n has been the same till this modi-shah came…
      They are traitors n Vatican agents….who were employed to safeguard sonia family n missionaries…
      Hope bjp people throw away these foreign elements and restore BJP hindutva.
      Modi is only going to help congress..
      In all the recent elections he has worked for the degradation of BJP….n has helped congress…
      What action has he took on corrupted leaders of DMK n congress?
      What good has he done for Hindus?
      I am a Bjp supporter even now but against the undemocratic heads…
      Is there an election for party leadership?
      How can they alter all rules..?
      Just a common man’s question…!
      If these people think they can get away ..
      People will teach them a lesson…

      All are not idiots not to see the way modi is helping sonia family n missionaries…

      We can’t hide truth always…

      Freedom struggle started earlier but we could get it only in 1947…

      This is just the beginning…
      History will give the true picture of Modi…

      He destroys muslims in the name of Hindu only to help missionaries.

      People should wake up..

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