Context
Precedent Set? Madras HC Directs Restoration Of Hindu Temple To Its Buddhist Character
Madras High Court
The Madras High Court decreed the Archaeological Department to take control of the Thalaivetti Muniyappan Temple in Salem district after it was found that the presiding deity was Lord Buddha.
Context: The HC was hearing the plea of Buddha Trust in Salem, which prayed for a direction to the ASI to conduct an inspection of the said sculpture at Thalaivetti Muniyappan temple and submit a report to the court as to its identity and antiquity.
The judge had directed the Commissioner of the State Archaeological Department to inspect the temple and sculpture.
The Commissioner, after inspection, came to the conclusion that the sculpture depicted the 'mahalakshanas' (great traits) of Lord Buddha.
The court's observations: The judge observed that it will not be appropriate to permit the HR&CE Department to continue to treat this sculpture as Thalaivetti Muniappan.
The judge remarked that the mistaken identity can no longer be allowed to continue after the inspection report has laid bare the facts.
The court directed that the original status must be restored.
It said permitting the HR&CE Department to continue to treat the sculpture as Thalaivetti Muniappan will not be appropriate and will go against the very tenets of Buddhism.
The Commissioner of the Archaeological Department was directed to take control of the property and maintain it.
He shall also erect a board inside the property saying the sculpture is that of the Buddha.
The general public can also be permitted to visit the place and it shall be ensured that no poojas or other ceremonies are allowed to be performed for the sculpture of the Buddha, the judge said.
Why this matters: The judgement sets an important precedent in cases where the original nature of the place of worship is disputed.
It will also be worth observing how this judgment of the Madras HC affects the Places of Worship Act, 1991, which freezes the character of the religious places as on 15 August 1947.
Support Swarajya's 50 Ground Reports Project & Sponsor A Story
Every general election Swarajya does a 50 ground reports project.
Aimed only at serious readers and those who appreciate the nuances of political undercurrents, the project provides a sense of India's electoral landscape. As you know, these reports are produced after considerable investment of travel, time and effort on the ground.
This time too we've kicked off the project in style and have covered over 30 constituencies already. If you're someone who appreciates such work and have enjoyed our coverage please consider sponsoring a ground report for just Rs 2999 to Rs 19,999 - it goes a long way in helping us produce more quality reportage.
You can also back this project by becoming a subscriber for as little as Rs 999 - so do click on this links and choose a plan that suits you and back us.
Click below to contribute.
Latest
