Management of Muslim monuments under ASI:Antulay writes to Ambika

New Delhi, July 18 (UNI) Minister for Minority Affairs A R Antulay has taken up with Minister of Culture Ambika Soni the issue of maintenance and management of Muslim religious monuments under the protection of the Archaeological Survey of India(ASI).

Mr Antulay has written a letter to the Minister of Culture in connection with a Central Wakf Council resolution wanting the ASI to maintain the sanctity of religious monuments under its protection and involve state wakf boards and the community in their management, sources in the Ministry told UNI.

When asked about the resolution, secretary of the Council MR Haque said the Council had opined that it should conduct a joint survey wih ASI of such monuments of historical importance where Muslims could be allowed to offer namaz, according to their genuine local needs, or conduct other religious services provided they did not affect their protection and conservation.

The demand for allowing namaz was not for those mosques where there was no Muslim population, he said in reply to a question.

The Council had pointed out that as per the Waqf Act of 1995 and the Ancient Monuments and Archaeological Sites and Remains Act 1958, the protection and management or the guardianship of a monument by ASI does not alter its character as a wakf.

A mosque, dargah, tomb or a graveyard were by their very nature or use a wakf property even if their management and guardianship was fully taken over by the ASI, it had said.

However, the Committee of the Council was of the view that there was no doubt that the ASI had the legitimate right and duty under the Monuments Act to protect and maintain monuments of historical importance.

The Council had also pointed out that the Monument Act of 1958 provides that if any ritual was continuing at the time of takeover of a religious monument by the ASI, it should be allowed to be continued.

Mr Haque said the Council had opined that Muslims could well be allowed to offer namaz or conduct other religious services in an ASI managed religious monument, provided it was their genuine local need and that it did not expose such a building to degradation and decay.

The proposals regarding the new management model for religious monuments, which were by their nature all waqf properties, was mooted in a meeting of the Planning and Advisory Committee of the Council last year in December and it was approved in May this year, Mr Haque said.

He said the Council had taken the view that involvement of the community and its institutions in conservation of such monuments might yield positive results.

The Council put forward to the Ministry of Minority Affairs a scheme of management and improvement of monuments after its opinion on the matter was sought by it.

As per the scheme, the ASI should involve state waqf boards in the management of monuments and, if needed, invite private partnership in the task.

The scheme has been prepared by the Planning and Advisory Committee of the Central Waqf Council, which is a statutory central body constituted to advise the Government on the management of massive waqf properties spread across the country.

Ms Haque said the Act of 1958 provides for an agreement between the ASI and the owner. However, in case of ancient mosques and other waqf properties, particularly those in regular use also, the ASI treats them as abandoned property.

In such cases, he said, there was no agreement, leading to claims and counter claims.

According to the Council, concerns by the community had arisen because the ASI neither maintains properly nor takes due care of the sanctity of the places of religious importance. But properties of historical importance can neither be left without proper protection, nor religious sentiments be allowed to be hurt, he added.

Mr Haque said the Council has suggested that in such cases, a proper ex-post-facto agreement between ASI and the 'mutawally' (administrator) of state waqf boards, laying down the terms of protection, may resolve the problem.

He said there were many examples of historicaly important monuments under ASI suffering from degradation and neglect. One such example was that of the 600 year-old Begumpur Masjid in Delhi itself.

UNI