The Madhya Pradesh High Court has given its decision on the tomb of Mughal emperor Shah Jahan’s daughter-in-law. In its decision, the court has clearly said that three historical buildings located in Burhanpur, one of which is the tomb of Begum Bilkis, can never be a part of the property of the Waqf Board. The court said that if a monument has been declared ancient and protected under the Ancient Monuments Preservation Act, 1904, then it cannot be declared a Waqf property.
Following are some of the main disputed sites of India
Shah Shuja Memorial (Kharbuja Mahal)
- This monument is the tomb of Begum Bilqis, wife of Shah Shuja, son of Mughal emperor Shah Jahan.
- It is also known as “Kharbuja Mahal”.
- It is made of stone and plastered with mortar and decorated with paintings.
Nadir Shah’s Tomb
- This huge tomb is built on eight arches.
- In India, this tomb has been mistakenly described as the tomb of “Nadir Shah”.
- Actually, it is the tomb of Muhammad Shah Faruqui II (974-84/1566-76 AD), the tenth Sultan of the Faruqui dynasty.
Bibi Sahiba’s Mosque (Bibi ki Masjid)
- This mosque was built by Rani Begum Rokeya, daughter of Sultan Muzaffar Shah II of Gujarat.
- Its construction was completed around 1529 AD.
- It was built during the 15th century due to the dense population in the northern part of Burhanpur.
Archaeological Survey of India
- Archaeological Survey of India (ASI) is the main organization under the Ministry of Culture, which is responsible for archaeological research and preservation of Indian cultural heritage.
- Its main function is to take care of ancient monuments, archaeological sites, and remains of national importance.
- ASI regulates all archaeological activities in India as per the provisions of the Act, 1958, which includes ancient monuments and archaeological sites.
- Apart from this, Archaeological Survey of India also follows the Precious Artwork Act, 1972 to take care of precious artifacts.
- ASI was established in the year 1861 by the first Director General Alexander Cunningham, who is also known as the ‘Father of Indian Archaeology’.
State/Union Territory Waqf Boards in India
- Under the Waqf Act 1995, a Waqf Board has been established in every state and union territory of India.
- Waqf properties are related to the religious, social and economic life of the Muslim community.
- These boards are responsible for the management and supervision of local Waqf properties.
- The main objective of the Waqf Board is to ensure the religious, social and economic well-being of the Muslim community.
- Waqf properties play an important role in Indian history, cultural heritage and the development of society.
- The objective of these organizations is to protect, manage and develop Waqf properties so that they are available for use in various sectors of society.
Central Wakf Council
- The Central Wakf Council is a statutory body under the administrative control of the Ministry of Minority Affairs.
- It was established in 1964 under the provisions of the Wakf Act, 1954.
- Its main objective is to act as an advisory body to the Central Government on matters relating to the functioning of the Wakf Boards.
- This Council renders advice to the Central Government on matters relating to the functions of various State Wakf Boards and their operation.
- The objective of the Central Wakf Council is to coordinate and supervise the functioning of the Wakf Boards so that the Wakf properties are managed effectively and transparently.
Archaeological Survey of India’s argument regarding the disputed site
- Archaeological Survey of India (ASI) has put forward the following arguments regarding the disputed site –
- Protected monument under Ancient Monuments Preservation Act, 1904: ASI says that the disputed site is recognized as an ancient and protected monument under the Ancient Monuments Preservation Act, 1904. Under this Act, special protection and care is taken at the said site.
- Position of Section 11: According to Section 11 of the Act, the custodian of this monument is the Commissioner. The Commissioner is given the right and responsibility to take proper care of the monument and to inspect it from time to time.
- Need of Section 14: ASI argued that unless the custodianship is formally relinquished under Section 14, no site can be declared a Waqf property. • Temporary status of monument: ASI insisted that once a property is declared as an ancient and protected monument, it cannot be classified as a Wakf property.
- Validity of Wakf Board’s declaration: ASI also said that the declaration made by the Wakf Board in the year 2013 was illegal. ASI believes that declaring a protected monument as a Wakf property is contrary to the rules and legal provisions.