The Gujarat High Court has called for a response from the Archaeological Survey of India (ASI) regarding petitions from the Jain community concerning their right to worship at the Bharuch Jami Masjid. The petitions seek immediate protection for the idol of Lord Mallinath, the 19th Jain Tirthankar, which is housed within the mosque’s premises. This request was raised during a hearing on Friday, presided over by Justice Nisha Thakore.

During the proceedings, Justice Thakore highlighted that the ASI is required to safeguard ancient and historical monuments as per the Ancient Monuments and Archaeological Sites and Remains Act of 1958. The court has instructed the ASI’s counsel to take the necessary directions regarding the submissions made by the Jain petitioners, ensuring their concerns are adequately addressed.

Details of the Jain Community’s Pleas

The petitioners have requested the court to officially recognise the 14th-century Jami Masjid as Ashvabodh Tirth Shakunika Vihar. Additionally, they seek permission to allow Jains to conduct worship within the monument. An interim order has also been requested to secure and protect the significant symbols, artefacts, idols, and other elements important to Jain worship present at the site.

In their arguments, the petitioners expressed concerns about potential damage to the idol of Jain Tirthankar Mallinath. They referenced a judgement from the Madhya Pradesh High Court concerning the Bhojshala case to reinforce their urgency for immediate protection measures, noting past incidents of damage to images and artefacts within similar contexts.

They aim to ensure both the preservation of their religious practices and the safeguarding of cultural heritage associated with the site. This emphasis on protection reflects a broader concern within the Jain community regarding their spiritual heritage and the physical condition of sacred objects.

ASI’s Position and Future Proceedings

The ASI’s counsel presented a counterargument, asserting that the regulations surrounding the protected monument have been diligently observed in accordance with the 1958 Act. The ASI maintains that the existing measures in place have effectively ensured the monument’s preservation thus far.

In light of the ongoing discussions, the Gujarat High Court will revisit the matter on October 13. This upcoming session aims to evaluate the ASI’s response to the Jain community’s requests, which encompass worship rights, the safeguarding of their idol, and the matter of site recognition. The case highlights the tensions surrounding religious practices and archaeological preservation in India.

The outcome of this hearing may have significant implications for the relationship between religious communities and heritage authorities in India, especially regarding access to worship at sites of historical importance and the interpretation of laws that govern such spaces.

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