Nagpur: The recent violence in Nagpur, triggered by demands for the demolition of Aurangzeb’s tomb in Maharashtra’s Khuldabad, has intensified debates over the monument’s existence. Clashes erupted on March 17 after protests by Bajrang Dal and VHP, who called for the removal of the tomb, citing Aurangzeb’s oppressive rule. The unrest escalated, leading to violent confrontations, police injuries and curfews in affected areas.

However, despite the growing demand, the Maharashtra government does not have the legal authority to demolish the tomb. The site is protected under the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act), 1958, and falls under the jurisdiction of the Archaeological Survey of India (ASI), making its demolition legally impossible without central approval.

What is the AMASR Act, 1958?

The Ancient Monuments and Archaeological Sites and Remains Act, 1958 was enacted to preserve sites of historical and cultural significance. Under this Act, any monument classified as a ‘Monument of National Importance’ is protected from alteration, damage or destruction. The ASI, which functions under the Union Ministry of Culture, is responsible for maintaining these monuments.

Once a monument is notified under this Act, neither state governments nor local authorities can modify or demolish it. Only the Central Government, through a detailed legal and administrative process, can decide to de-notify such sites.

Why Is Aurangzeb’s Tomb A Protected Monument?

Aurangzeb, the sixth Mughal emperor, died in 1707 in Ahmednagar (now Ahilya Nagar) and was buried in Khuldabad near the dargah of Sheikh Zainuddin, his spiritual guide. His tomb is considered historically and culturally significant for several reasons:

– Historical Importance – Aurangzeb ruled for nearly 50 years, shaping India’s political and cultural history. His burial site remains part of India’s historical heritage.

– Architectural Value – Unlike grand Mughal tombs, Aurangzeb’s simple resting place reflects his lifestyle and is an example of minimalist Mughal architecture.

– Cultural Significance – The tomb is part of the larger Khuldabad complex, which houses several important Sufi shrines and historical figures’ graves.

– Preservation of Heritage – The ASI protects such sites to maintain historical integrity and prevent the destruction of India’s cultural legacy.

Can the Maharashtra Government Order Its Demolition?

No, the Maharashtra government cannot order the demolition of Aurangzeb’s tomb because:

1. It is a National Monument – The site is classified under the AMASR Act, making it a Monument of National Importance.

2. Only the Central Government Has Authority – The state government has no jurisdiction to alter or de-notify the tomb. Any such decision lies with the Union Ministry of Culture.

3. Legal Consequences – Any attempt to demolish the tomb would be unlawful and could lead to legal action against the state government.

4. International Reputation – Destroying a protected historical site could damage India’s global image as a country that values its diverse heritage.

What Has The Maharashtra Government Said?

During the inauguration of Maharashtra’s first Shivaji Maharaj temple earlier this month, Chief Minister Devendra Fadnavis acknowledged public sentiments against Aurangzeb but stated that legal constraints prevent any action against the tomb. “It is protected by the ASI, and we must follow the law,” he said. However, he assured that Maharashtra would only glorify Shivaji Maharaj, not Aurangzeb.

Despite political and public pressure, Aurangzeb’s tomb remains protected under Indian law. The Maharashtra government lacks the authority to demolish it, as it is a Monument of National Importance under the ASI. Any decision regarding its status rests solely with the Central Government. The Nagpur violence has intensified the debate, but legally, the demand remains unfeasible under current heritage laws.