Latest news with #BodhGayaTempleAct
India Gazette
37 minutes ago
- Politics
- India Gazette
SC rejects plea to hand over Mahabodhi Mahavira Temple to Buddhists; asks petitioner to approach HC
New Delhi [India], June 30 (ANI): The Supreme Court on Monday rejected a petition seeking a direction to the Centre and the Bihar government to hand over the control and management of the historic Mahabodhi Mahavira Temple in Bodh Gaya, Bihar, to the Buddhist community. A vacation bench of Justice MM Sundresh and Justice K Vinod Chandran granted the petitioner liberty to approach the Patna High Court. The bench said the plea filed under Article 32 of the Constitution, directly before the Supreme Court, was not maintainable. 'How will we do it? This is not maintainable under Article 32. How can we issue a mandamus? Please approach the High Court,' said the bench during the hearing. 'We do not entertain this. Dismissed. Liberty granted to approach the High Court,' the court ordered while dismissing the plea. The petition was filed by Sulekhatai Nalinitai Narayanrao Kumbhare, who had urged the apex court to direct the amendment of the Bodh Gaya Temple Act, 1949, to ensure that the control and management of the Mahabodhi Temple are handed over to the Buddhist community in keeping with their religious faith and cultural rights. The Mahabodhi Temple--a UNESCO World Heritage Site and one of the holiest sites of Buddhism--is administered under the 1949 Act, which entrusts control to a management committee overseen by the Bihar government, with representation from both Hindus and Buddhists. The petition submitted that the current governance structure undermines the religious rights of Buddhists and called for exclusive Buddhist control of the temple, asserting that the site holds profound spiritual significance for the global Buddhist community. (ANI)
Hindustan Times
7 hours ago
- Politics
- Hindustan Times
SC turns down plea for exclusive control of Mahabodhi temple to Buddhists
The Supreme Court on Monday refused to entertain a plea that sought handing over exclusive control of the Mahabodhi temple in Bihar's Bodh Gaya to Buddhists, and asked the petitioner to approach the high court. The Mahabodhi temple in Bodh Gaya, Bihar. (File Photo) 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.'
Time of India
10 hours ago
- Politics
- Time of India
SC refuses to entertain plea challenging Bodh Gaya Temple Act; asks petitioner to move HC
The Supreme Court on Monday refused to entertain a plea challenging the vires of the Bodh Gaya Temple Act , 1949, and asked the petitioner to approach the concerned high court. The Mahabodhi temple complex in Bihar's Bodh Gaya, a UNESCO World Heritage site , is one of the four holy areas related to the life of Lord Gautam Buddha . Bodh Gaya is a place where Lord Buddha is believed to have attained enlightenment. A plea challenging the vires of the 1949 Act came up for hearing before a bench of Justices M M Sundresh and K Vinod Chandran. The bench asked the petitioner's counsel about the prayer sought in the plea. "I (petitioner) have prayed that the Bodh Gaya Temple Act should be annulled as ultra vires," the counsel said. Live Events The bench said the petitioner should approach the concerned high court. "Why don't you do it before the high court?" the bench asked. "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. The 1949 Act pertains to the better management of the temple. The Mahabodhi temple complex comprises a 50-metre high grand temple, the Vajrasana, the sacred Bodhi tree and six other sacred sites of Buddha's enlightenment, surrounded by numerous ancient votive stupas, well maintained and protected by inner, middle and outer circular boundaries. A seventh sacred place, the Lotus Pond, is located outside the enclosure to the south. Both the temple area and the Lotus Pond are surrounded by circulating passages at two or three levels, and the area of the ensemble is 5 metres below the level of the surrounding land. In April this year, Rashtriya Lok Morcha supremo and former Union minister Upendra Kushwaha demanded an amendment in the provisions of the Bodh Gaya Temple Act, 1949, so that the management of the Mahabodhi Mahavihara Temple can be handed over to the Buddhists.
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Business Standard
11 hours ago
- Politics
- Business Standard
SC denies plea challenging Bodh Gaya Temple Act; asks petitioner to move HC
The Mahabodhi temple complex in Bihar's Bodh Gaya, is one of the four holy areas related to the life of Lord Gautam Buddha. Bodh Gaya is where Lord Buddha is believed to have attained enlightenment Press Trust of India New Delhi The Supreme Court on Monday refused to entertain a plea challenging the vires of the Bodh Gaya Temple Act, 1949, and asked the petitioner to approach the concerned high court. The Mahabodhi temple complex in Bihar's Bodh Gaya, a UNESCO World Heritage site, is one of the four holy areas related to the life of Lord Gautam Buddha. Bodh Gaya is a place where Lord Buddha is believed to have attained enlightenment. A plea challenging the vires of the 1949 Act came up for hearing before a bench of Justices M M Sundresh and K Vinod Chandran. The bench asked the petitioner's counsel about the prayer sought in the plea. "I (petitioner) have prayed that the Bodh Gaya Temple Act should be annulled as ultra vires," the counsel said. The bench said the petitioner should approach the concerned high court. "Why don't you do it before the high court?" the bench asked. "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. The 1949 Act pertains to the better management of the temple. The Mahabodhi temple complex comprises a 50-metre high grand temple, the Vajrasana, the sacred Bodhi tree and six other sacred sites of Buddha's enlightenment, surrounded by numerous ancient votive stupas, well maintained and protected by inner, middle and outer circular boundaries. A seventh sacred place, the Lotus Pond, is located outside the enclosure to the south. Both the temple area and the Lotus Pond are surrounded by circulating passages at two or three levels, and the area of the ensemble is 5 metres below the level of the surrounding land. In April this year, Rashtriya Lok Morcha supremo and former Union minister Upendra Kushwaha demanded an amendment in the provisions of the Bodh Gaya Temple Act, 1949, so that the management of the Mahabodhi Mahavihara Temple can be handed over to the Buddhists. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Hindustan Times
12 hours ago
- Politics
- Hindustan Times
SC refuses to entertain plea challenging Bodh Gaya Temple Act; asks petitioner to move HC
New Delhi, The Supreme Court on Monday refused to entertain a plea challenging the vires of the Bodh Gaya Temple Act, 1949, and asked the petitioner to approach the concerned high court. SC refuses to entertain plea challenging Bodh Gaya Temple Act; asks petitioner to move HC The Mahabodhi temple complex in Bihar's Bodh Gaya, a UNESCO World Heritage site, is one of the four holy areas related to the life of Lord Gautam Buddha. Bodh Gaya is a place where Lord Buddha is believed to have attained enlightenment. A plea challenging the vires of the 1949 Act came up for hearing before a bench of Justices M M Sundresh and K Vinod Chandran. The bench asked the petitioner's counsel about the prayer sought in the plea. "I have prayed that the Bodh Gaya Temple Act should be annulled as ultra vires," the counsel said. The bench said the petitioner should approach the concerned high court. "Why don't you do it before the high court?" the bench asked. "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. The 1949 Act pertains to the better management of the temple. The Mahabodhi temple complex comprises a 50-metre high grand temple, the Vajrasana, the sacred Bodhi tree and six other sacred sites of Buddha's enlightenment, surrounded by numerous ancient votive stupas, well maintained and protected by inner, middle and outer circular boundaries. A seventh sacred place, the Lotus Pond, is located outside the enclosure to the south. Both the temple area and the Lotus Pond are surrounded by circulating passages at two or three levels, and the area of the ensemble is 5 metres below the level of the surrounding land. In April this year, Rashtriya Lok Morcha supremo and former Union minister Upendra Kushwaha demanded an amendment in the provisions of the Bodh Gaya Temple Act, 1949, so that the management of the Mahabodhi Mahavihara Temple can be handed over to the Buddhists. This article was generated from an automated news agency feed without modifications to text.
