SC agrees to consider petition against Bodh Gaya Temple Act, 1949

The Supreme Court on Monday agreed to consider a petition challenging the validity of the Bodh Gaya Temple Act, 1949, and seeking to replace it with a Central law for proper management and administration of the Mahabodhi temple in Bihar.

A Bench of Justice MM Sundresh and Justice N Kotiswar Singh issued notice to the Centre and others and tagged it with another petition after the petitioner’s counsel pointed out that an identical petition was already pending in the top court.

Situated in Bihar’s Bodh Gaya, the Mahabodhi temple complex is the place where Lord Gautam Buddha is believed to have attained enlightenment. It’s a UNESCO World Heritage site — one of the four holy places related to the life of Gautam Buddha.

Lord Buddha is also worshipped by Hindus as one of the incarnations of Lord Vishnu.

On June 30, the top court refused to entertain a separate plea challenging the validity of the 1949 Act and asked the petitioner to approach the high court concerned.

The petition has challenged the validity of the Bodh Gaya Temple Act, 1949, which governs the management of the temple managed by a committee consisting of four Buddhists, four Hindus and the district collector. The nine-member temple management committee has a majority of Hindus.

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 meters below the level of the surrounding land.