Bodh Gaya Temple Act

Bodh Gaya Temple Act, 1949
Bihar Legislative Assembly
  • An Act to provide for the administration and management of the Bodh Gaya Temple and associated lands
CitationBihar Act No. X of 1949
Territorial extentBihar, India
Enacted byGovernment of Bihar
Enacted1949
Status: In force

Bodh Gaya Temple Act, 1949 is legislation enacted by the Government of Bihar, India, to regulate the administration and management of the Mahabodhi Temple at Bodh Gaya.[1] The temple is regarded as a significant pilgrimage site in Buddhism, traditionally identified as the place where Siddhartha Gautama attained enlightenment under the Bodhi Tree.[2][3]

Background

Prior to the enactment of the Bodh Gaya Temple Act, the Mahabodhi Temple was managed by the Mahant, a Hindu priestly authority. This arrangement led to disputes over the custodianship and administration of the temple due to its religious significance for Buddhists around the world. In response, the Government of Bihar introduced the Bodh Gaya Temple Act in 1949 to establish a formal administrative structure for the temple’s affairs.[4][5]

Provisions of the act

The Act establishes a Bodh Gaya Temple Management Committee responsible for overseeing the temple’s administration and associated properties. The committee consists of nine members, with the District Magistrate of Gaya district serving as the ex-officio chairperson. Of the other members, four are nominated from the Buddhist community and four from the Hindu community. This structure was intended to provide shared oversight, reflecting the temple’s religious and cultural importance.[6][7]

Amendments

Since its enactment, the Act has undergone amendments. A notable change in 2013 removed the requirement that the District Magistrate, who serves as the ex-officio chairperson of the management committee, must be Hindu. This amendment allowed individuals of any religious background to hold the position.[8][9]

In recent years, the Act has been the subject of legal scrutiny and debate. Some Buddhist organizations have argued that the legislation grants significant administrative control to non-Buddhist authorities over a site of religious significance for Buddhists. In 2024, the Supreme Court of India declined to admit a petition seeking exclusive Buddhist control of the temple, maintaining the validity of the existing legal framework established by the Act.[10][11] The matter continues to generate discussion and public interest, particularly regarding religious representation and the governance of cultural heritage sites.[12]

Socio-political significance

The Bodh Gaya Temple Act serves as an important legal framework for the administration of the Mahabodhi Temple, a prominent Buddhist pilgrimage site and UNESCO World Heritage Site. The Act reflects ongoing efforts to balance religious interests and secular governance in the management of religious monuments in India.[13][14]

See also

References

  1. ^ Sarao, K. T. S. (2020-09-16). The History of Mahabodhi Temple at Bodh Gaya. Springer Nature. ISBN 978-981-15-8067-3.
  2. ^ Ober, Douglas F. (July 2019). "From Buddha Bones to Bo Trees: Nehruvian India, Buddhism, and the poetics of power, 1947–1956". Modern Asian Studies. 53 (4): 1312–1350. doi:10.1017/S0026749X17000907. ISSN 0026-749X.
  3. ^ Tewary, Amarnath (2025-04-13). "In the shadow of the Bodhi tree". The Hindu. ISSN 0971-751X. Retrieved 2025-07-02.
  4. ^ "Buddhists challenge Hindu control over centuries-old Mahabodhi temple at Bodh Gaya". India Today. 2013-01-05. Retrieved 2025-07-02.
  5. ^ Ray, Umesh Kumar (2025-03-18). "Tracing the Bodh Gaya temple conflict: From Ashoka to Viceroy to Lalu and roadside protests". Newslaundry. Retrieved 2025-07-02.
  6. ^ Mishra, Anand (2025-03-28). "Bihar's Mahabodhi Temple Protests: Buddhists Demand Control, Challenging 1949 Act". Frontline. Retrieved 2025-07-02.
  7. ^ "Explained: The decades old dispute over who controls Mahabodhi temple in Gaya". The Indian Express. 2025-04-02. Retrieved 2025-07-02.
  8. ^ "Amendment allows non-Hindu to head Bodh Gaya temple committee". The Hindu. 2013-07-31. ISSN 0971-751X. Retrieved 2025-07-02.
  9. ^ Sharma, Yashraj. "Buddhism's holiest site erupts in protests over Hindu 'control' of shrine". Al Jazeera. Retrieved 2025-07-02.
  10. ^ "SC on Bodh Gaya Temple: Supreme Court Rejects Plea, Asks Petitioner to Move Patna HC". Deccan Herald. Retrieved 2025-07-02.
  11. ^ Bharat, E. T. V. (2025-06-30). "SC Refuses Plea For Handing Over Bodh Gaya Temple To Buddhists". ETV Bharat News. Retrieved 2025-07-02.
  12. ^ "Supreme Court on Bodh Gaya Temple Act". Editorji. Retrieved 2025-07-02.
  13. ^ "Bodhgaya : Buddhist monks demand removal of Hindus from temple management committee". India TV News. 2013-08-01. Retrieved 2025-07-02.
  14. ^ "Why are monks protesting at Bodh Gaya, Buddhism's holiest site, in Bihar?". Firstpost. 2025-04-01. Retrieved 2025-07-02.