SC rejects plea for Buddhist control of Bodh Gaya temple
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A vacation bench comprising Justices M M Sundresh and K Vinod Chandran heard the plea, which was filed under Article 32 of the Constitution. The bench said the matter was not maintainable before the apex court and granted the petitioner liberty to approach the Patna high court.
"We are not inclined to entertain the petition under Article 32 of the Constitution of India. However, liberty is given to the petitioner to approach the high court," the bench said.
During the hearing, the judges questioned the petitioner's counsel on the nature of the relief sought. The counsel replied, "I have prayed that the Bodh Gaya Temple Act should be annulled as ultra vires."
The bench responded, "Why don't you do it before the high court? How can we issue a mandamus? Please approach the high court."
The petition had been filed by Sulekhatai Nalinitai Narayanrao Kumbhare, who urged the court to direct the Centre and the Bihar govt to amend the 1949 Act and hand over control of the Mahabodhi Temple to the Buddhist community.
The petitioner argued that the present governance structure, which includes both Hindu and Buddhist representatives under state supervision, undermines the religious rights of Buddhists and called for full Buddhist control in accordance with their spiritual and cultural traditions.
The Bodh Gaya Temple Act, 1949, was enacted to ensure better management of the Mahabodhi Temple complex, which is considered one of the holiest sites in Buddhism.
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The Unesco World Heritage site comprises a 50-metre high grand temple, the Vajrasana (diamond throne), the sacred Bodhi tree and six other holy locations associated with the enlightenment of Lord Gautam Buddha. A seventh site, the Lotus Pond, lies outside the main enclosure.
The temple area, along with numerous ancient votive stupas, is preserved within three concentric boundaries and is situated about five metres below the surrounding land level.
The ensemble is globally revered and holds immense spiritual significance for the Buddhist community.
In April this year, Rashtriya Lok Morcha leader and former Union minister Upendra Kushwaha had also demanded amendments to the 1949 Act, suggesting that the administration of the Mahabodhi Mahavihara temple be transferred to Buddhists.
The court's decision on Monday leaves the path open for further legal challenge, but now through the appropriate forum of the high court.
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