SC turns down plea for exclusive control of Mahabodhi temple to Buddhists
The plea, filed by lawyer and former Maharashtra minister Sulekha Narayan Kumbhare, challenged the constitutional validity of the Bodh Gaya Temple Act, 1949, which entrusted a nine-member committee with the temple's management, of which a majority are Hindus.
Refusing to entertain the petition, a bench of justices MM Sundresh and K Vinod Chandran, said, 'How can we issue mandamus? You please approach the high court. This is not maintainable under Article 32.'
The petition claimed that the management of the Mahabodhi temple should be with the Buddhists and the Act was unconstitutional for violating the right of Buddhists to profess their religion and manage their religious institutions.
'Inclusion of members in the committee who are non-Buddhists i.e. Hindus is violative of protections guaranteed to the Buddhist citizens of India and the Lord Buddha himself guaranteed under Articles 19 (right to fundamental freedoms), 21 (life and liberty), 25 (freedom of religion), 26 (right to administer institutions), 28 and 29 (minority rights) of the Constitution of India,' the petition stated.
Senior advocate Ravindra Laxman Khapre pointed out that due to mismanagement and indifference to the temple, the sacred Bodhi tree at the site is in danger of decay, as found out by a committee of Archaeological Survey of India (ASI).
The bench dismissed the petition allowing the petitioner to raise these issues before the high court. 'We are not inclined to entertain the petition. Liberty is granted to approach the high court.'
While the definition of Hindus includes Buddhists as well, the religious community was recognised as a minority in 1993 under the National Commission for Minorities Act, 1992.
The petition, filed by advocate Jaydip Pati stated that the Mahabodhi temple is the holiest Buddhist shrine in India and is also a World Heritage site since the year 2002, which is not under the exclusive management of Buddhists.
It said, 'Though Buddhists are defined as being part of Hindus, their independent right to profess their religion is also recognized. The said recognition therefore confers rights of Buddhists to profess their religion as per their own choice.'
The petitioner argued that the surroundings and vicinity of the area, including the area of the temple, which is now under the possession of the Bodh Gaya Temple Committee used to be under control of Lord Buddha. 'In effect, the idol of Lord Buddha is the owner of the land. It is therefore submitted that the ownership of the site is vested in Lord Buddha as a juristic person.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
15 minutes ago
- Hindustan Times
SC grants 4-week bail extension to Nitish Katara murder convict
The Supreme Court on Tuesday granted a four-week extension of interim bail given to Vikas Yadav, the son of former member of Parliament DP Yadav undergoing life term in the 2002 Nitish Katara murder case. Vikas Yadav is serving life term for abducting and killing Nitish Katara in February 2002. (HT Archive) The court also directed him to surrender after four weeks, saying that he will not be entitled to any further extension of bail on the ground of his mother's ailment. Further, the condition of his bail requiring him to remain confined in his house was modified and he is now allowed to accompany his mother to her hospital visits. A bench of justices MM Sundresh and K Vinod Chandran, passed the order on an application filed by Yadav seeking extension of his bail granted by the top court on April 24. This is the fourth bail extension granted by the court. On past three occasions – May 8, May 19 and June 17, bail was extended to facilitate his mother's spinal operation that took place on May 25. 'We are inclined to extend the bail granted by four weeks making it clear that no further extension on medical ground will be provided. Any application for extension (of bail) can only be filed after surrender,' the bench said. Senior advocate S Guru Krishna Kumar, appearing for Yadav, said the petitioner should not be barred from seeking extension of interim bail on other grounds. His bail was supposed to expire on July 1. The application filed by Yadav pointed out that the Delhi high court order upholding his conviction in Nitish Katara case in 2015, had slapped a fine of ₹ 50 lakh against him. To arrange the same, Yadav stated in the application that he required to dispose immovable properties located in different states, which is a time-consuming and legally intricate process. He pointed out that he does not possess an Aadhaar card as he has remained in jail for past 23 years. Additional solicitor general (ASG) Archana Pathak Dave appearing for the Delhi government informed the court that initially while granting bail, the court was told that his mother needs to be operated. Presently, she said, the operation is over and the petitioner's mother is undergoing physiotherapy. Yadav stated that after undergoing operation, his mother developed serious post-operative neurological complications such as severe radiating pain, numbness in both lower limbs, weakness, and impaired mobility. Krishna Kumar said, 'In these critical circumstances, the presence and support of the petitioner, being the elder son, is indispensable.' Advocate Vrinda Bhandari appearing for Nilam Katara, mother of Nitish Katara, pointed out that no relaxation should be granted to Yadav as due to the petitioner's influence and power, the trial was shifted out of Ghaziabad in Uttar Pradesh to Delhi. 'So long as he is not committing any offence, what is the problem. If he violates the condition, the bail will be cancelled,' the bench observed, maintaining its order of relaxing the bail condition. While granting him bail on April 24, the top court had directed Yadav to furnish bail bond of ₹ 1 lakh with a surety of like amount and imposed a condition asking him to remain confined to his home in Murad Nagar in Ghaziabad while reporting to the local police station during the period of bail. In October 2016, the top court had upheld the conviction against Yadav and others in the 2002 Katara murder with a further direction to consider his remission on expiry of 25 years. The case pertains to the abduction of Katara from a marriage party on the intervening night of February 16 and 17, 2002, and then killing him over his alleged relationship with Bharti Yadav, Vikas's sister. In 2006, the top court shifted the trial of the case from Ghaziabad to Delhi on a petition moved by Nilam Katara. In July 2011, a Delhi court awarded life term to all the accused. This decision was upheld by the Delhi high court in 2015 and later by the Supreme Court in October 2016.
Time of India
37 minutes ago
- Time of India
Delhi govt directs labour dept to allow women to work night shifts with consent
New Delhi: Delhi govt has directed the labour department to make necessary changes in laws to allow women to work night shifts, but only with their consent. Officials said the directions were issued during a meeting chaired by lieutenant governor VK Saxena, which was also attended by chief minister Rekha Gupta, some of her colleagues in the council of ministers, and top city bureaucrats. The meeting aimed to review the status and progress of various aspects related to the flagship schemes, 'ease of doing business' and 'maximum governance - minimum government'. Officials mentioned that the previous Delhi govt gave its nod to do away with section 66(1)(b) of the Factories Act of 1948. This section stated that no woman shall be required or allowed to work in any factory except between the hours of 6 am and 7 pm. The govt also approved the draft of the Delhi Occupational Safety, Health and Working Conditions Rules, 2023, which allowed women to work during night shifts. However, these provisions were never implemented on the ground. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi Saxena stated that restrictive and archaic laws, processes, and regulatory regimes hampered and discouraged businesses and economic activities. LG and the chief minister asserted that progress during the last 11 years was "far from satisfactory" and that difficulty in doing business led to a situation where industries and businesses shifted to other states. They issued a slew of directions to re-engineer the govt processes. Officials said the labour department was also directed to ensure all safeguards by amending the Delhi Shops and Establishment Act and by issuing suitable notifications under the Factories Act. It was also directed to amend the Delhi Shops and Establishment Act to increase the threshold of the minimum number of employees from one to 10 for the applicability of the Act and to allow shops/establishments to work 24x7. Directions were also issued to increase the threshold of workers from 100 to 200 in the Industrial Dispute Act for seeking permission for closure. LG and CM asked the fire department to empanel agencies for a third-party audit. "Large commercial and industrial establishments may be allowed to get NOC on the audit certificate of empanelled agencies. Small establishments may be given an option for third-party audit. An expression of interest can be floated immediately," the official said. It was also stressed that the Delhi Pollution Control Committee should reduce the time to give consent to operate to 20 days, after which it should be a deemed approval, and should allow self-certification for MSME in both green and white industries. The revenue department has been asked to give a fresh look at section 81 and 33 of the Delhi Land Reforms Act, which make the transfer and sale of agricultural land and mutation almost impossible. The Information Technology Department was instructed to make a single-window portal for all kinds of NOCs. Get the latest lifestyle updates on Times of India, along with Doctor's Day 2025 , messages and quotes!
Indian Express
an hour ago
- Indian Express
Night shifts for women, new layoff rule: Labour department in Delhi gets fresh directions
In a significant measure, the Delhi government has directed the Labour Department to make necessary changes to allow women to work in night shifts, but only with their consent, officials said on Tuesday. The Labour Department has been asked to put in place all safeguards by amending the Delhi Shops and Establishment Act and issuing notifications under the Factories Act, said officials from Lieutenant Governor VK Saxena's office. Officials said that directions were also given to amend the Delhi Shops and Establishment Act to increase the threshold of minimum number of employees from one to 10 for the applicability of the Act and to allow shops and establishments to work 24/7. The government has also given directions to 'increase the threshold of workers from 100 to 200, in the Industrial Dispute Act, for seeking permission for closure.' Explaining this further, a senior official from the Labour department said, 'Currently, if any factory or a company wants to exit the business and do layoffs, they have to seek clearance from the departments concerned and the authority. But now, if a factory has 200 or fewer employees, they don't have to seek permission for the closure of the factory and layoffs. This has been done as part of the ease of doing business…' When asked about the move's likely impact on labourers, the official said, 'The labourers will have options to approach the labour court. At present, if the company wants to exit and they don't have the profit to pay the labourers in future, there is no point. So, this is part of the ease of doing business.' Responding to this, Krishna Yadav, General Secretary of Shramik Vikas Sanghatan, said, 'If the government is allowing a factory or industry to exit the business and do layoffs without seeking permission from any authority. There should also be an act to provide compensation to the workers because they are the ones who will be affected and end up losing jobs without any employee funds or benefits.' The government issued a slew of directions, including these in a high-level meeting held by the L-G, along with Chief Minister Rekha Gupta, to review the status and progress of various aspects related to the BJP government's flagship policies — 'Ease of Doing Business' and 'Maximum Governance – Minimum Government', enunciated by Prime Minister Narendra Modi. At the meeting, the L-G also observed that 'restrictive and archaic laws, processes, and regulatory regimes had hampered and discouraged businesses and economic activities', his office underlined in a statement. 'It was underlined by the L-G and the CM that the progress during the last 11 years was far from satisfactory….,' The meeting was also attended by Delhi Home Minister Ashish Sood, Industries Minister Manjinder Singh Sirsa, Chief Secretary Dharmendra, top police officers, and heads of all departments concerned. Meanwhile, the Fire department was asked to empanel agencies for a third-party audit. '… so that the large commercial establishments and industrial establishments are allowed to get NOC (no objection certificate) on the audit certificate of empanelled agencies. 'Small establishments may be given an option for a third-party audit. An expression of interest can be floated immediately,' said an official. The department was also asked to revisit its regulations in view of technological advancements and availability of small, drone-based and robotic firefighting equipment, which had made the existing regulations vis-à-vis the breadth of approach roads for access of fire tenders, redundant. Furthermore, the Delhi Pollution Control Committee (DPCC) has been directed to reduce the time to give 'consent to operate to 20 days, after which it should be a deemed approval'. It has also been directed to allow self-certification for micro, small, and medium enterprises (MSMEs) in both green and white industries and to empanel a third-party agency for certifications. Officials said that the IT Department will make a single window portal for all kinds of NOCs.
