SC Rejects Buddhist Control of Mahabodhi Temple

SC REJECTS PLEA TO HAND MAHABODHI TEMPLE CONTROL TO BUDDHISTS

Why in the News?

• Supreme Court ruling: SC refused to entertain a writ petition seeking exclusive Buddhist control over the Mahabodhi Temple in Bodh Gaya.
• Direction issued: The Court, including Justice MM Sundresh, asked the petitioner to approach the concerned High Court, deeming it not maintainable under Article 32 as a constitutional remedy.
• Petition details: Filed by Sulekhatai Kumbhare on behalf of the Buddhist community, the writ petition challenged the Bodh Gaya Temple Act, 1949.

Key Legal and Religious Contentions

• Act structure: The 1949 Act mandates a 9-member committee, with a Hindu majority, to manage religious affairs and temple management.
• Religious autonomy: The petition argued that non-Buddhist control violates Articles 19, 21, 25, 26, 28, and 29 of the Constitution, which guarantee freedom of religion and the right to manage religious affairs.
• Petitioner’s stand: Claimed exclusive Buddhist control is essential to preserve religious rights and identity of the Buddhist community.

Implications and Future Course

• Legal clarity: The case now moves to the High Court for further adjudication on fundamental rights and constitutional remedies.
• Constitutional debate: Raises questions on minority rights and religious institution autonomy within the framework of freedom of religion.
• Temple significance: Mahabodhi Temple is a UNESCO World Heritage Site and sacred to global Buddhists, highlighting the importance of its management.