B L Saraf
In rather quick succession Hon’ble Jammu Kashmir and Ladakh High Court issued two orders of great significance and far reaching consequences. One came to be passed on 4th July 2024, in WP ( C )No 2758 / 2021, and the other one was made on 9th July 2024 ,in a bunch of Writ Petitions clubbed together – worth mentioning here, among them, is the OWP 1800 /2013. In making these orders provisions of J &K Migrant Immovable Property ( Preservation, Protection and Restraint on Distress Sales ) Act 1997 ( The Act for short ) were invoked. The matter in issue in these petitions was an alleged assault on the immovable properties belonging to the Hindu Temples and Shrines situated, respectively, in Ganderbal and Anantnag districts of the Kashmir Valley . The respective District Magistrates (Deputy Commissioners) were entrusted with control and management of these properties and directed to look after them as envisaged by The Act.
It is an encouraging development that the Lt Governor Manoj Sinha has taken note of these orders. Addressing the devotees at Lok Bhavan, Anantnag, on the occasion of annual Haar Bah festival of Mata Sidhalaxmi, he said that keeping in view the orders of the High Court all steps will be taken for protection and care of the temples and shrines.
Recall, in 2021 the LG Administration,after realizing that several religious and historical monuments in J &K are “battling for their existence and identity ” issued directions for preparation of Action Plans under ” Scheme for Revival,Restoration, Preservation and Maintenance of Architecture and Heritage .” Similar directions were issued in respect of “Scheme for Promotion of Traditional and Cultural Festivals”. The phraseology employed echoed sum and substance of aims and objects of the Bill No, 11/ 2009 – For Protection, Care and Democratic Management of the Temples and Shrines of Hindus in Kashmir – introduced in the Legislative Assembly in March 2009 which unfortunately couldn’t pass into a law . The Government emphasized the necessity of the Bill thus; “…..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.”
For the implementation of the Scheme 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.
Earlier also, State High Court took cognizance of the assault made on these religious places. Orders were passed in Writ Petition OWP 785 / 2008 titled Ghulam Nabi Khan v/s State of J&K, for protection of Mandir Properties and banning their sale in the Valley. But unfortunately they have not been implemented to the satisfactory level.
Supreme Court said in WP No 649 /2018 Mrinalni VS U OI dated 08.06.2018 ” 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.” Directions were made to Union Home Ministry to collect information with regard to the religious places in the country so that management practices therein can be reviewed.
A private Member ‘s Bill ( No XV111 of 2022) has been introduced in the Rajya Sabha, titled Kashmiri Pandits ( Recourse, Restitution, Rehabilitation And Resettlement) Bill,2022. The Bill is pending consideration. Chapter V of the Bill has a provision with respect to the Restoration Of Temples And Heritage Sites in Kashmir, and vide Clause 7 Sub Clause (7) provides for setting up of Kashmiri Hindus Shrine Board on the lines of Shri Mata Vaishno Devi Board and Shri Amarnath Shrine Board.
What the displaced persons of Kashmir have been saying for the last 35 years, with reference to their religious places, now, stands admitted by the Government and affirmed by the Hon’ble Court . 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.
Based as they are on the provisions of The Act, the orders of the Court and the Government are in the nature of an ‘ ad hoc ‘ measure. DMs have a temporary control over these religious places. Unless the displaced persons are condemned to live as ‘The Migrants ‘ for remainder of their lives, these orders and instructions will lapse once the most demeaning “Migrant ” tag is removed from them . 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.
Hindus living in Kashmir have been yearning for a statutory architecture, like the Wakf Board and the Gurudwara Parbandhak Committees to take care of its religious places in the Valley, and utilize their properties and resources for the benefit of the society. The plight of Shrines and temples is really bad in Kashmir. There is well documented record how the unscrupulous have plundered their properties. The undesirable activity goes on. It is unfortunate that role of those who were entrusted with the job of proper management of these Shrines and Temples have left much to be desired. These managers / pujaris have lost confidence of the community.
Governments over the period have been trying to take the displaced back and rehabilitate them in Kashmir. The L G , after noticing presence of many Kashmiri Muslims in the Lok Bhavan festival, said ” Participation of Muslims and Hindus in religious functions together is a good signal.” Pious words indeed! However, such participation shouldn’t be just a festival based. It has to be wholesome and a permanent feature in every walk of life. For that to happen Pandits need confidence to live in Kashmir, their home. We feel that enactment of a Law for a transparent and democratic management of Hindu Shrines and Temples in Kashmir will, surely, build necessary confidence in them.
(The author is former Principal District & Sessions Judge)
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