Relevance: GS-1 (Indian Heritage & Culture) & GS-2 (Polity & Judiciary) | Source: The Hindu

1. The News

• The Ruling: The Madhya Pradesh High Court declared the 11th-century Bhojshala complex (Dhar district) as a temple dedicated to Goddess Vagdevi.
• New Administrative Order: It cancelled the 2003 ASI “shared worship” order. Hindus now have exclusive worship rights. The state must provide alternate land to the Muslim community for a mosque.

2. Historical Facts 

• Origin: Built by Raja Bhoj (Parmar dynasty) in the 11th century as a university and temple.
• Mosque addition: The Kamal Maula Mosque was constructed later within the complex.
• Lost Heritage: The original Goddess idol was taken by the British and is currently in a London museum.
• Statutory Control: Managed by the ASI under the AMASR Act, 1958 (Ancient Monuments and Archaeological Sites and Remains Act).

3. The Court’s Logic 

The court relied on scientific evidence rather than historical stories:

• ASI Scientific Survey: Used modern tools to find the truth:
  • Carbon Dating: To date organic materials.
  • Palaeography: The scientific study of ancient handwriting on the pillars.
  • XRF Analysis: To check the exact chemical makeup of the stones.
• The Ayodhya Precedent: The High Court legally borrowed Supreme Court principles that prioritize solid archaeological evidence to solve religious disputes.

4. Key Frameworks

• Places of Worship Act, 1991: This law freezes the religious character of a place to its status on August 15, 1947. Crucial Exception: Ancient monuments protected under the AMASR Act, 1958 are legally exempt from this rule.
• Cultural Repatriation: The court directed the Union Government to use diplomacy to bring the original idol back from the UK, aligning with the 1970 UNESCO Convention.

UPSC Value Box

• Palaeography: The scientific study and decoding of ancient writing systems.
• Repatriation: The formal process of returning stolen cultural artifacts to their original country.

With reference to the legal frameworks governing ancient monuments in India, consider the following statements:

1. The scientific study of ancient handwriting and inscriptions used to date historical monuments is known as Palaeography.
2. All ancient and historical monuments managed by the Archaeological Survey of India (ASI) are strictly bound by the “freeze on religious character” mandated by the Places of Worship (Special Provisions) Act, 1991.

Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

Correct Answer: (a) 1 only