B L Saraf
Lieutenant Governor Manoj Sinha while inaugurating Tulip Garden at Sanasar, Jammu described J&K as a preferred tourist destination and said “As “Tourism Mission ” initiative , 75 destinations , 75 Sufi /religious sites , 75 new cultural heritage and other tracks are being developed in J &K to open up new economic avenues for fulfilling aspirations of people .” It is truism that Jammu and Kashmir – particularly Kashmir – was always a preferred choice of the tourist flowing in from the mainland and beyond. Though, Jammu too did attract pilgrims to its spiritual places the onset of the armed militancy in the 1990s resulted in disruption of the flow. Now that the security scenario has improved to a great extent the tourist traffic has increased. The burgeoning middle class, its upward mobility and interest to have a view of the spiritual palaces, too, have contributed to the increase.
One has to appreciate that the LG’s administration has been taking a keen interest in developing places and reclaiming lost (almost) religious sites to attract people from outside, with a view to bolster the economy of J&K and re impart glory to the spiritual places which, unfortunately, have come under a multifarious assault from multiple quarters. Realizing that several religious and historical monuments in J&K are “battling for their existence and identity “the LG’s Administration issued directions, in 2018, for preparation of Action Plans under “Scheme for Revival, Restoration, Preservation and Maintenance of Architecture and Heritage.” In order to preserve and promote such festivals as a part of the composite culture of Jammu and Kashmir similar directions were issued in respect of ” Scheme for Promotion of Traditional and Cultural Festivals”. The exercise was apparently aimed at preserving religious and the cultural sign posts in Jammu and Kashmir to which the multitude pay obeisance. While unveiling the plan official sources have come out with a significant statement 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.”
There is no denying that the religious places in J &K -particularly of those in Kashmir which are revered by Hindus 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 Aims and Objects of the Bill emphasized the point: “the properties of these Shrines have been encroached and most of them are in deteriorated condition.” The situation is no better even today.
For the implementation of the scheme the Government has constituted an Executive Committee headed by the Chief Secretary and the District Level Coordination – cum – Implementation Committees, headed by the local District Development Commissioner. Refer Government Order no 863 JK ( JAD ) of 2021 dated 8th September ). The Committee has specific terms of reference. It will conduct census and survey of the shrines, temples and other historic monuments and undertake renovations repairs etc. This position stands reiterated by the Order dated 5th March, 2023 issued by the Divisional Commissioner Kashmir proposing a SIT to probe into illegal leases of Temple properties and directed all DCs of the Valley to initiate appropriate action in this regard. We trust that these directions will be read with the Order passed by state High Court in Writ Petition OWP 785 / 2008 titled Ghulam Nabi Khan V/s State of J&K, which called for protection of Mandir Properties and banned their sale in the Valley. The sad part is that this Order is followed more in breach than in compliance.
It is time 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. This could be done in a rather summary manner because no one can ever claim ownership of the properties belonging to a Deity. This is a well settled legal position, recently reiterated by the Supreme Court in a judgment which upheld legality of the MP Land Revenue Code 1959 and dismissed priest’s claim of ownership of the land attached to the temple. Should need arise the Committee may, in this regard, explore possibility of invoking provisions of The J &K Migrant Immovable Property ( Preservation, Protection And Restraint On Distress Sales ) Act,1997 and Clause (3) Sub Clause (iv ) of Government Order No 53 -JK ( Rev ) of 2021 dated 1308 2021.
What the displaced persons of Kashmir have been saying for the last 35 years, with reference to their religious places stands admitted by the Government. True, the Government’s intervention is required to retrieve the lost and usurped properties of these shrines and for carrying out repairs, renovations etc. But these religious places need continuous care and management to ensure “protection and longevity “which can be provided only by the devotees within the community on permanent basis. Therefore, the management has to be in the hands of a particular community and to ensure that happens in a transparent and democratic manner a statutory safeguard is required.
0ne may welcome the development but fingers have to be crossed about efficacy of the Committee. In 2001 the J K government constituted Mandhir Prabhandhak Committee for Kashmir Province – vide Govt Order ; GAD 1699 of 2001 Dated ; 20 .12 It comprised, among others ,of Divisional Commissioner and Inspector General of Police Kashmir Division , with the mandate ” the Committee shall assess the ground position of the Temples in the Valley and work for their maintenance and up- keep of the same .” Practice , however , has shown that the Committee couldn’t yield the desired results for want of a statutory support. That makes us apprehensive about the outcome of the new Committee also.
Tourism potential of religious places has been well described by the Supreme Court , emphasizing ,at the same time, a need to ensure their proper management . In Court’s words : ” 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 )
While promoting “Mission Tourism “it will be better for the Government to ensure statutory management of these religious places.
(The author is former Principal District & Sessions Judge)
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