Supreme Court Allows Amendment in Bodh Gaya Temple Petition: Counter-Affidavits Ordered, Mahant Seek Party Status

New Delhi- In a significant development for the Mahabodhi Mahavihara Liberation Movement, the Supreme Court on Thursday, heard arguments in the long-pending petition challenging the 1949 Bodh Gaya Temple Management Act (BT Act). The court allowed an amendment application filed by the petitioner seeking full Buddhist control over the UNESCO World Heritage Site where Lord Buddha attained enlightenment.

The court directed the respondents, including the Bihar government and the Bodh Gaya Temple Management Committee (BTMC), to file counter-affidavits within a stipulated timeframe. This paves the way for deeper scrutiny of the Act, which petitioners argue discriminates against Buddhists by including non-Buddhist members in the temple's management.

During the hearing, an advocate representing the Mahants (Hindu priests with historical claims over the site) appeared, pleading to be impleaded as a party. The bench instructed them to file a formal application for intervention, emphasizing procedural compliance. Notably, Advocate Anand S. Jondhale represented the intervener, All India Buddhist Forum, reinforcing the community's demand for the site's exclusive Buddhist oversight.

Background of the Mahabodhi liberation Movement and Petition

The Mahabodhi Temple, a UNESCO World Heritage Site and one of Buddhism’s holiest shrines, has been at the center of a prolonged dispute over its administration. The Bodh Gaya Temple Act of 1949 established the Bodhgaya Temple Management Committee (BTMC), which comprises four Buddhist and four Hindu members, with the Gaya District Magistrate serving as the ex-officio chairperson.

The Act mandated that the chairperson be Hindu, a provision amended in 2013 to allow a non-Hindu District Magistrate to lead. However, Buddhist groups, led by organizations like the All India Buddhist Forum (AIBF), argue that the Act violates constitutional protections under Articles 25, 26, 29, and 30, which guarantee the right to practice and manage religious affairs without hindrance.

The movement to repeal the 1949 Act, often referred to as the Mahabodhi Mahavihar Mukti Andolan, seeks to transfer full administrative control of the temple to the Buddhist community. The campaign traces its roots to the late 19th century, when Ven. Bhante Anagarika Dhammapala initiated efforts to restore Buddhist control over the temple, which had been under non-Buddhist management since the 16th century.

In 2012, Buddhist monks Bhante Arya Nagarjun Shurai Sasai and Gajendra Mahanand Pantawane filed a writ petition (Civil No. 0380 of 2012) in the Supreme Court, challenging the Act’s provisions and seeking exclusive Buddhist management of the temple. Despite its significance, the petition remained unheard for over a decade, prompting Buddhist monks to undertake hunger strikes to draw attention to the issue.

On February 12, 2025, the AIBF launched an indefinite relay hunger strike, now that has crossed 8 months, highlighting the life-threatening condition of the protesting monks. Advocate Anand S. Jondhale, President of the Buddhist International Forum for Peace, filed an intervention plea emphasizing the urgency of the situation, noting that the monks’ health was deteriorating and that further delays could endanger their lives.

Venerable Bhante Dhamm Shikar, who has been fighting the case through an intervention petition since 2018, stated that the plea demands full control of the Mahabodhi Mahavihara by Buddhists. "This sacred site is where Lord Gautama Buddha attained enlightenment. The verse declares—'Mahabodhi Lokanatam Pujita Aham Pite Namo Bodhi Rajaya Namastute'. The Bodhi Tree and the Mahavihara represent Buddha Himself. 'Vandami Sabbe Par Dhātu Mahabodhim Buddharūpam Sakalam Sadā'—this place symbolizes Buddha's physical relics and eternal presence. We instructed Advocate Shreyas Dambare to incorporate this powerful argument into the petition," Bhante explained.