A Fight to Save Ancient Durga Mandir

October 17, 2024. In a heartfelt appeal to Shri Vijay Kiran Anand, the Mahakumbh Mela Officer of Prayagraj, a devoted resident of the city, Shashi Bhushan Tripathi, has urged the immediate cancellation of the demolition order for a centuries-old Durga temple in Daraganj, Prayagraj. This ancient temple, situated on Plot No. 60B near the Pumping Station, stands as a sacred site of immense religious, cultural, and historical significance.

The demolition order, scheduled for today, October 17, 2024, at 10 AM, has triggered deep concern among the local community. Tripathi, a descendant of a revered spiritual family and resident of Daraganj, has outlined the gravity of this situation, stressing the temple’s profound importance for countless devotees.

Historical and Cultural Importance

According to Tripathi, the Durga temple was constructed under the inspiration of Rajarshi Purushottam Das Tandon and the guidance of Shri Atmaram Tripathi, a respected former principal and spiritual leader. The temple’s establishment followed all traditional Vedic rituals, including the sacred “pran-pratishtha,” which instilled the divine presence within the temple, making it a sanctified site in Hindu tradition. Demolishing this temple, Tripathi argues, would not only be a violation of religious principles but also an affront to centuries of cultural heritage.

Religious and Constitutional Rights

Tripathi highlights that the temple is an embodiment of Indian spiritual values and ancient traditions, referencing sacred texts like the Bhagavad Gita (9.22), Yajurveda (40.1), and Manusmriti (8.3), which emphasize the preservation of religious sites. Moreover, Tripathi notes that the Indian Constitution guarantees the freedom of religion under Articles 25 to 30, giving individuals and communities the right to manage their religious institutions. Any act of demolition, therefore, would be a breach of these constitutional protections and an affront to religious liberty.

Legal Ownership and Preservation

Tripathi asserts that his family holds full legal ownership of the temple’s land, purchased from the late Shri Panna Lal, with all necessary legal formalities completed. For decades, the temple has been maintained, and all utilities, including water and electricity, have been regularly paid for. Tripathi argues that the demolition order disregards the lawful ownership and religious significance of the site. “The temple is our cultural and spiritual heritage,” says Tripathi, “and destroying it would cause irreparable harm not just to our family but to the thousands of devotees who visit it.”

A Call for Intervention

In his plea, Tripathi requests an immediate halt to the demolition, emphasizing that the temple is not in the way of any proposed road expansion or public development project. Instead, it stands as a symbol of faith for devotees, both in India and abroad. The demolition, he fears, could lead to social and religious unrest.

“I appeal to the Mahakumbh Mela Officer to use his discretion and compassion to protect this ancient temple, a site of worship and cultural heritage,” Tripathi implores. “Its destruction would result in not just the loss of a physical structure but a deep wound in the hearts of those who revere it.”

The demolition of a temple where prāṇa pratiṣṭhā (ritual installation of the deity) has been conducted is not only a violation of religious sentiments but also breaches various provisions of the Indian Constitution and other legal frameworks. Below is a comprehensive analysis of the legal evidence, court judgments, and constitutional provisions that can be used to stay the demolition of such a temple.

1. Violation of Articles 25 and 26 of the Indian Constitution: • Article 25 of the Indian Constitution guarantees every citizen the right to freely profess, practice, and propagate their religion. The demolition of a prāṇa pratiṣṭhā temple violates this fundamental right, as it directly affects the religious freedom of the devotees.
   • Article 26 provides religious denominations the right to manage their own affairs in matters of religion. The destruction of such a temple would infringe upon the rights of the religious institution that manages it.
2. Judicial Precedents on Protection of Religious Faith: • Ram Janmabhoomi-Babri Masjid Case (2019): In this landmark case, the Supreme Court of India recognized the importance of religious faith and symbols. It acknowledged that religious places are the cultural and spiritual heritage of India and must be protected. Destroying a prāṇa pratiṣṭhā temple could be seen as a serious violation of this precedent.
   • Rajasthan High Court (State of Rajasthan vs. Union of India, 1995): The court held that religious places cannot be demolished without considering the impact on the faith of the people. It emphasized that prāṇa pratiṣṭhā temples, in particular, hold special significance in religious practice.
3. Ancient Monuments and Archaeological Sites and Remains Act, 1958: • If the temple is of archaeological importance and over 100 years old, it may fall under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. This act mandates the protection of ancient religious structures and prohibits their demolition without due process.
4. Special Laws and State Religious Place Protection Acts: • Several states in India have enacted special laws to protect religious places from demolition. For example, the Uttar Pradesh Places of Worship Act seeks to safeguard religious structures from being demolished. As the temple in question is located in Uttar Pradesh, this act can be invoked to prevent its demolition.
5. Supreme Court Directives on Protection of Religious and Cultural Sites: • The Supreme Court of India has issued several directives related to the protection of religious sites. The court has consistently ruled that the government must ensure that religious places are not arbitrarily demolished. Adequate safeguards and legal procedures must be followed, and affected parties should be given a fair hearing.
6. Court Orders on Stay of Demolition of Religious Places: • In T.K. Vishwanathan vs. State of Kerala (2003), the Kerala High Court granted a stay on the demolition of a religious place, stating that religious sites should not be demolished except in extreme circumstances and only when all avenues of redress have been exhausted.
7. Requirement for Due Process before Demolition: • The demolition of any religious place must follow due process, which includes public notice, a fair hearing, and obtaining judicial approval. The administration cannot demolish a prāṇa pratiṣṭhā temple without strictly adhering to these procedures. If the temple management was not given adequate notice or a fair hearing,

Conclusion

As the city watches anxiously, the fate of the Durga temple rests in the hands of the authorities. Shashi Bhushan Tripathi, representing both his family and a broader community of believers, remains hopeful that reason and respect for religious heritage will prevail.

For further information, contact Shashi Bhushan Tripathi at 98351 74341.