Unconstitutional Act: Petitioner

Ashwini Upadhyay, a key petitioner challenging the Places of Worship (Special Provisions) Act, 1991, on Thursday described the law as “unconstitutional,” arguing that it blocks access to the courts and provides no alternative legal mechanism.

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Upadhyay pointed out that while the Waqf Act also limits access to courts, it offers alternative forums such as the Waqf Tribunal or board.

“The law states that the religious character of a place cannot be altered. We agree with this principle, but historical facts show that the Mughals modified the religious character of certain places. Our demand is for the restoration of their original character. Right now, I am in the Supreme Court dressed in black robes, resembling a lawyer. If I wear a tilak, I may appear Hindu; if I wear a cap, I may appear Muslim. My outward appearance can change, but determining my true character would require an investigation,” he said.