Legal Battle Over Tansen’s Tomb Finally Settled

Legal Battle Over Tansen’s Tomb Finally Settled

Why in the News?

The Madhya Pradesh High Court has recently dismissed a plea seeking to perform religious and cultural practices at Tansen’s tomb, located within the protected monument of Sheikh Muhammad Ghaus’s tomb, upheld by the ASI under the Ancient Monuments Act, 1958.

Legal Battle Over Tansen's Tomb Finally Settled

Historical Importance of the Tomb Complex:

  • The tomb of Sheikh Muhammad Ghaus in Gwalior, built after his death in 1563, is listed as a Centrally Protected Monument.
  • It is known for its square structure, large dome, and a verandah with intricate stone screens influenced by Gujarat’s architecture.
  • Adjacent to this lies the grave of Tansen, Akbar’s court musician, giving the site immense cultural and musical significance.
  • Sufi traditions regard Tansen as a disciple of Ghaus, making the site spiritually important as well.

Legal Dispute and Court Rulings

  • The legal dispute began in 1995 when Syed Ali Hasan filed a civil suit claiming ownership and caretaker rights.
  • Multiple appeals by his descendants, including petitions in 2004, 2015, and a review plea in 2016, were all rejected.
  • In 2019, Syed Sabla Hasan, claiming to be the sajjada nashin, again sought ownership and religious control through the MP Waqf Tribunal, which was dismissed in 2022.

ASI’s Position and Court’s Final Verdict

  • The Archaeological Survey of India (ASI) has managed the site since 1962 and opposed unauthorised religious practices.
  • The ASI stated that such activities—including hammering nails and holding gatherings—damaged the structure and affected tourism and preservation.
  • The High Court upheld ASI’s view, stating that the petitioners had no legal right or title, and religious practices cannot be allowed at a Centrally Protected Monument.

Archaeological Survey of India (ASI) & AMASR Act – Key Points

– ASI functions under the Union Ministry of Culture to protect monuments of national importance.

– Founded in 1861 by Alexander Cunningham, known as the Father of Indian Archaeology.

– Operates under Ancient Monuments Preservation Act, 1904 and AMASR Act, 1958.

– Activities include surveying antiquities, excavating sites, and conserving monuments.

– AMASR Act protects monuments over 100 years old, whether public or private.

– Prohibits construction or changes near monuments without approval.

– National Monuments Authority (NMA) implements the AMASR Act and grants construction permissions.

– Defines a 100-metre protected area and an additional 200-metre regulated zone around monuments.

– Construction is banned within 100 metres, and strictly regulated within 200 metres to ensure heritage preservation.