B L Saraf
For a devout it is indeed a heartwarming move. The National Monuments Authority (NMA) has, on the instructions of PM Narrandra Modi, conducted a detailed survey of ” important Hindu -Buddhist” Monuments of Kashmir Valley. Tarun Vijay, Chairman of NMA, after his visit to Kashmir to take stock of these monuments had a lament on their dilapidated condition and made some pertinent observations like “saving J&K’s heritage is as important as defense”and” terrorism has not only taken toll of human lives of Kashmir but has also impacted Hindu-Buddhist temples and monuments badly .” He apprehended” that unless immediate steps are taken to keep these monuments maintained at least at a reasonable level we will see these monuments destroyed and vanish .”
Tarun Vijay has validated what the displaced persons have been echoing for decades that the temples and shrines in Kashmir are on the verge of extinction. To avert the impending threat of extinction and stopping the pilferage of highly valued properties of these Temples and Shrines they have been demanding a statutory mechanism which will permanently ensure a proper, democratic and transparent management of these cultural and spiritual sign posts. Every religious place in Kashmir is of immense importance to its civilization. People live on their memories.
The realization that several religious and historical monuments in J&K are “battling for their existence and identity “was earlier shown by the LG’s Administration when, in summer this year, it issued directions for preparation of Action Plans under ” Scheme for Revival, Restoration, Preservation and Maintenance of Architecture and Heritage.” Similar directions have been issued in respect of “Scheme for Promotion of Traditional and Cultural Festivals ” in order to preserve and promote such festivals as are part of composite culture of the UT. The exercise is apparently aimed at preserving religious and the cultural sign posts in Jammu and Kashmir.
Earlier the state administration and now Tarun Vijay has aptly described the plight of the religious places in J&K -particularly of those in Kashmir which are revered by Hindus. They are undoubtedly “battling for their existence and identity.” In fact the phraseology employed echoes sum and substance of aims and objects of the Bill No, 11/ 2009, introduced in the Legislative Assembly in March 2009 which, however, for the reasons well known couldn’t pass into a law. The Government emphasized the necessity of the Bill thus ; “Due to the disturbed conditions in the Kashmir Valley in year 1990 , the majority of the Hindus left the Valley and the Shrines remained unattended. There are complaints that properties of these Shrines have been encroached and most of them are in deteriorated condition. Many associations and bodies of the community have shown concern in this behalf.”
It is worth to note that what the displaced persons have been saying since long, the Supreme Court has put it authoritatively ” There is no doubt that proper management of pilgrimage centers of importance is a matter of public interest. These centers are of undoubted religious, social, historical and architectural importance representing cultural heritage of the country. Millions of people visit these places not only for tourism but also for seeking inspiration for the righteous values and for their well being. They make huge offerings and donations for advancement of such values.” (WP No 649/2018 Mrinalni vs UOI dt 08 06 2018).
The official sources have put it succinctly that in J&K each religious and historical monument is embodiment of a unique saga that “takes them beyond the level of just mere architectural or combination of bricks and walls to the spiritual and inner enlightenment levels.” Apart from being inalienable Spiritual centers of the Kashmiri Hindu Community , some of the shrines and temples have immense heritage value and have been mapped by UNESCO-as part of thousand years Kashmir heritage. The Chairman NMA wants the UNESCO to expand the list and add half a dozen Temples more to it.
It is a welcome development that Executive Committee headed by the Chief Secretary and the District Level Coordination – cum – Implementation Committees, under the local District Development Commissioner, created vide Government Order no 863 JK (JAD) of 2021 dated 8th September) have commenced work as per their terms of reference. Reportedly, they have conducted census and survey of the shrines, temples and other historic monuments and repairs of some are under way.
We wish the committee to identify immovable assets of these Shrines and then order their restoration to the Deities, if found encroached upon or illegally alienated in any mode. Because, usurpation of these properties is still going on. Case on the point could be an order passed by Honorable High Court, at Srinagar, on 15th November in WP (C) No.1270 /2020 which stalled the construction of building on a land belonging to the Mandir Shivaji situated at Solina, Srinagar, allegedly alienated in violation of High Court directions.
The religious places in Kashmir need continuous care and management to ensure “protection and longevity” which can be provided only by the devotees within the community on permanent basis. For that to happen in a transparent and democratic manner a statutory safeguard is required. As it is for management of Mosques and Gurdhwaras in J&K. Committees won’t do that. We have the example of the Mandhir Prabhandhak Committee for Kashmir Province – constituted vide Govt Order ; GAD 1699 of 2001 Dated ; 20 .12 . Though it comprised, among others, of Divisional Commissioner and Inspector General of Police Kashmir Division, yet it failed to live up to the mandate ” to assess the ground position of the Temples in the Valley and work for their maintenance and up- keep of the same .” Therefore, while we welcome Chairman NMA’s concern but add that law alone, as demanded, will take care of Shrines and temples in Kashmir.
(The author is former Principal District & Sessions Judge)
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