Why Maharashtra government cannot remove Aurangzeb’s tomb

Mughal ruler Aurangzeb has been dominating the political discourse in Maharashtra since the release of the Bollywood movie Chhaava, based on the life of Maratha king Chhatrapati Sambhaji Maharaj and his battle against the 17th-century emperor. The western state is witnessing clamour from some right-wing groups and politicians to demolish the grave of Aurangzeb at Khuldabad in the Chhatrapati Sambhajinagar district.

Violence erupted in Nagpur on Monday after protests by Hindu nationalist groups against Aurangzeb’s tomb triggered rumours of a desecration of a holy book. Amid growing calls for the razing of the Mughal emperor’s grave, here’s why it cannot be removed by the Maharashtra government.

ASI protects Aurangzeb’s tomb

Mughal emperor Aurangzeb’s grave is protected by the Archaeological Survey of India (ASI) as a ‘Monument of National Importance’. As the Centre is responsible for its maintenance, the Maharashtra government cannot remove it.

Maharashtra Chief Minister Devendra Fadnavis , who has backed the demand for demolishing Aurangzeb’s grave, said on Monday that it was “unfortunate” that the government has to protect the Mughal emperor’s final resting place.

“It is unfortunate that the government has to take responsibility for the protection of Aurangzeb’s grave, despite his history of persecution. However, I assure you, if any attempt is made to glorify his legacy through ‘mahima mandan’, it will not succeed,” Fadnavis reportedly said at an event to inaugurate a temple dedicated to Chhatrapati Shivaji Maharaj in the Thane district.

He previously claimed that Aurangzeb’s tomb became an ASI-protected site under the rule of the previous Congress regime. “We all also want the same thing, but you need to do it within the framework of the law, because it is a protected site. The site was put under ASI’s protection during the Congress regime some years back,” CM Fadnavis said last week.

The row over the Mughal ruler began after Samajwadi Party MLA Abu Azmi praised Aurangzeb, claiming some depictions in the movie Chhava were wrong. The film shows a graphic portrayal of how Chhatrapati Sambhaji was tortured to death by the Mughal emperor.

Azmi’s remarks created a huge uproar, leading to his suspension from the Maharashtra Assembly for the ongoing Budget session. Later, a descendant of Chhatrapati Shivaji Maharaj and BJP MP, Udayanraje Bhosale, called for the demolition of Aurangzeb’s tomb. This further fuelled the matter, with Hindu right-wing groups demanding its removal.

How ASI protects historic sites

ASI, which falls under the Union Ministry of Culture, is responsible for protecting and maintaining certain historical monuments and archaeological sites. These places are declared of national importance under the relevant provisions of The Ancient Monuments Preservation Act, 1904 and The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).

According to the Ministry of Culture, the rich heritage conserved and preserved by ASI across the country includes palaces, forts, prehistoric rock shelters, Neolithic sites, rock-cut caves, stupas, megalithic burials, temples, churches, synagogues, mosques, tombs, bathing ghats, tanks, water reservoirs, bridges, and so on.

There are 3,697 ancient monuments and archaeological sites and remains that are currently preserved by ASI, the Union ministry said in a press release last December.

Under the AMASR Act, no construction is allowed around a protected site. Section 19(1) of the Act states, “No person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the Central Government.”

There are strict penalties for destroying, defacing, altering or removing a protected monument.

The legislation also empowers ASI to regularly carry out inspections of protected monuments to examine their condition in order to preserve and conserve them. The organisation can also take action against encroachments including by filing a police complaint and asking local authorities for its removal.

Can ASI-protected sites be delisted?

Yes, the Central government can delist ASI-protected monuments but not the state government.

Delisting of a monument or heritage site means it would no longer be conserved, protected, and maintained by ASI.

Section 35 of the AMASR Act states: “If the Central Government is of opinion that any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this Act has ceased to be of national importance, it may, by notification in the Official Gazette, declare that the ancient and historical monument or archaeological site and remains, as the case may be, has ceased to be of national importance for the purposes of this Act.”

With inputs from agencies