Places of Worship Act 1991 Is grossly unfair to #Hindus with Article 14, 15, 19

1991- Sieged under weight of pseudo secularism and motivated agenda to appease the minority and to disrespect the Sanatan archeology and religious places, an act was introduced by Home Minister S B Chawhan under the leadership of PM Narshimbha Rao of Congress in 1991 amidst the stiff resistance from opposition. The event in parliament ended with unceremonious passage of the bill and declaration of a Places of Worship Act -1991. This act took every right and glory of Sanatan civilization in India.

Needless to say, the act was illegal, deplorable and an abuse on to the right of Sanatan Values.

The legality of this act was standing on invalid ground and was under scrutiny even before it was introduced. As this law was related to places of pilgrimages or burial grounds, that pertains to the State List. But the Union government choose to use its residuary power under Union List to circumvent this invalidity and supersede the State rights and went ahead to enact this law.

Objective of act: – The Act declared that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947. It also provided for the maintenance of the religious character of such a place of worship as on that day. It means that all suits, appeals or any other court proceedings regarding converting the character of a place of worship, which are pending before any court or Government authority on August 15, 1947, will cease to exist as soon as the law comes into force. No further legal proceedings can be instituted.

While doing so it treated the Ram Janma Bhoomi issue as exception.

In simple words, this act has legalize the illegal destruction, plunder and desecration of thousands of temple. The independence of India and transfer of power to Indian is meaningless when it comes to restoration of cultural and civilizational value. Some of the oft repeated and known temple where plunder have been historically and archeologically recorded and yet constitutional illegality is legalized through circuitous route by circumventing the original constitution.

Logical to say that the spirit of constitution enshrined under article 14, 15, 16 were totality violated and no scrutiny was made for nearly three decades thereafter.

Article 14 requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination.

Article 15 of the Indian Constitution prohibits discrimination of Indians on basis of religion, race, caste, sex or place of birth.

Article 19 The Constitution of India provides the right of freedom, given in article 19 with the view of guaranteeing individual rights 

Imagine in India, Hindu cannot claim to enjoy any of three fundamental article in respect to restoring the dignity, ancestral legacy and religious freedom. And both Parliament and Judicial system presided over this plunder of constitutionality.

The shamelessness and numbness of system goes on to provide penal provision. The provision is for both who defies this bar or conspire to defy the bar. An absolutely outrageous and despicable treatment meted to Hindu Sanatan Samaj.

Penal Provision: – Anyone who defies this act and propose to change the nature of the place of worship will be liable to be prosecuted. The Act provides for imprisonment up to three years and a fine for anyone contravening the provision of the act.

The act further made draconian provision by enlisting equal penal provision for those also who are found to be abetting or participating in a criminal conspiracy to commit this offence, even if the offence is not committed.

To say, freedom to claim, reclaim, doubt, dispute and demand were all snatched under this act and arbitrary penal provision were inserted to deny fundamental right.   

The wrong has to be reverted. The constitution and law book cannot be left to the discretion of those who has motivated agenda. India has culture. It has civilization. It is older than a recorded history of world. We should decide and make law that protect the cultural and civilizational value of India.

BJP had vociferously protested in 1991 but was defeated by the majority-ism of those days. The conscience of Sanatan Samaj has voted BJP into power with absolute majority.  It is now incumbent upon the BJP to restore the lost glory and revive the Sanatan Ethos.

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